Rain Maker
Registered Users (C)
Question #1: My company applied for my I-485 in August 2001 in the Texas service center. When is it safe for me to switch companies?
Carl Shusterman: The 180-day portability rule allows you to switch jobs or employers at any time. This is after the form I-485 is submitted to the INS - anytime after that, as long as the INS does not decide your application for at least 180 days after the filing date. Since there is no way for you to know whether the INS will decide your application during the first 180 days, which in your case should be sometime in February 2002, if you want to be absolutely safe, wait until it has been 180 days since the I-485 was submitted before you change jobs. However, it\'s been my experience in submitting I-485s for clients across the United States, that rarely does the INS decide an application during the first 180 days. The bottom line is that if you are willing to take a little bit of risk, you can change jobs immediately.
Carl Shusterman: The 180-day portability rule allows you to switch jobs or employers at any time. This is after the form I-485 is submitted to the INS - anytime after that, as long as the INS does not decide your application for at least 180 days after the filing date. Since there is no way for you to know whether the INS will decide your application during the first 180 days, which in your case should be sometime in February 2002, if you want to be absolutely safe, wait until it has been 180 days since the I-485 was submitted before you change jobs. However, it\'s been my experience in submitting I-485s for clients across the United States, that rarely does the INS decide an application during the first 180 days. The bottom line is that if you are willing to take a little bit of risk, you can change jobs immediately.