180 day rule works even if not working for employer for 180 days

P

preacher

Registered Users (C)
Hi all,

My I-485 was received in VT on Sept. 29, 2000. EB3. It was transferred to Baltimore on April 25, 2001. My interview in Baltimore was on August 9th.

I got my approval notice on the mail on August 25.

I left my employer almost two weeks after filing the I-485. I started working for the new employer right away. (They had applied for an H-1 sometime earlier). When I went to the interview with my lawyer who flew in from California, there were no questions whatsoever aside from the normal questions. My lawyer was pretty good at providing all the required documents from the interview checklist.

The interviewing officer said that they will send the result through the mail.

By the way, I did not even present my son for the interview ( he is only 12 years old and was out of town then). My son got the approval too.

I hope that this can be encouraging news to those who were in the same plight as I was - having to leave the sponsoring employer before 180 days.

At last I can relax and enjoy. Praise the Lord!!!

Preacher
 
No Title

Did you get your passport stamped? What "results" are they sending in the mail? Did you provide old company pay stubs/information and new company pay stubs/information?
 
No Title

Congratulations! Atleast this will be put to rest the issue
of staying with the employer for 180 days crap when INS actually states "adjudication within 180 days".
BTW did your new job have the same or similar title as the sponsoring one?
Did you ever need to get a letter from the sponsoring one?
DId your salary match?
Best luck and regards.
 
No Title

The new job was similar. I submitted the letter from my new employer only at the interview. It contained almost the same job description as the previous job because it was similar. The job title is also similar. The pay of course from my new job is higher.

I am getting my passport stamped this week. The approval letter is a one page letter stating that my application for permanent resident status has been approved.

Hang on tight and pray hard. God definitely answers prayers.

Preacher
 
Preacher you have no idea

You have no idea your post has given so many people so much hope.
Thank you for taking the time and posting the info also.
 
GOOD JOB man

I am also plannig to do the same thng ,. Your info is very Valuable to all of us who are in flux of gettign GC
 
one more thing 180 days are from RD and ND

as now a days INS is sending a long time for Rec and thet is abig gap bet RD and ND
 
No Title

Thanks for your info. It really helps all those in the same situation. How come they didn\'t stamp the passport the same day? I think most people in Baltimore are getting stamped right after interview...
 
No Title

congrats,
a very helpful post.
i have a question. when u say ur job title was similar, does it matter that the new job is a full time permanent position instead of a consulting ( say which is the old job) one even if say the title is Programmer/Developer in both?
thanks
 
No Title

You may be right. I am just posting my experience to shed some hope for those who had already left the sponsoring employer on the LC.

For those who haven\'t prudence would say to stay with your current employer until the 180 days in question is over.

As such, it is always a good idea to work with your lawyer and do what he suggests.

Everything posted here is purely on my "own" personal experience and does not suggest an interpretation of the law nor does it constitute legal advice. It is neither indicative of a trend.

I would not say that it was luck though. I prayed hard for it and I can only attribute this to the goodness of the Lord.

Preacher
 
No Title

Don\'t ever let the INS know. If the INS found out that you had lied or believed that you had obtained your green card unlawfully, they will revoke the green card and you would be in trouble with the law. This is based on what my lawyer said. Good luck!
 
No Title

In my case, I just made sure that the title was the same as that contained in the underlying LC. I also made sure that the job description in the offer of employment was substantially the same. The officer actually asked me in the interview whether I was still doing the same job. I said that for the most part ... yes.
 
No Title

I believe that my AOS was approved based on the merits of my case and the underlying new AC21 law. My lawyer was prepared with a brief and was ready to argue the case even in federal court should I have been denied.
 
No Title

Hi Preacher,
   What details from the new employer did you provide? Did they ask for employer\'s Income Statement, etc?
    Would really appreciate your input.

GreenHopeful
 
No Title

I only provided the following from my new employer:

Offer of Employment Letter
Company Magazine containing Income Statement, Balance Sheet, etc. (This is a publicly traded company)
Three most recent pay stubs.
W-2 for year 2000

These were enumerated in the interview notice. I only provided what was required, nothing more.

Hope this helps.
 
Posting of Job Description

Hi
I have couple of doubts about this similar job classification.

I am planning to change my employer after filing 6 mth of AOS.
I have one pay scale in LC and one is previling wage. What should I care about? Second Could I change my job for more than the range of pay of my LC.

thanks for the help.

if possible pl email me at jainsan@hotmail.com. I have couple of doubts which I want to discuss.

Appreciate yor help.
 
No Title

Thanks a lot Preacher. You mail really helps - Congrats and best wishes for a post GC life.

Regards,
GreenHopeful
 
Could you please tell me ...

Could you please tell me how much did your lawyer charged for coming with you??, beacuase even i am planning to do the same.

Thanks
 
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