180 days law - Interesting

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helper007

Registered Users (C)
Guys, Consider a situation,
Ram has I-485 pending for more than 180 days.
Ram gets laid off.
His Company tells him they will not withdraw his I-140 and continue I-485.
He starts working either on on H-1B (assuming not using EAD) or EAD.
His I-485 approval comes through...

Is there anything wrong with this line of thinking. Where does the similar job classification come into picture here when he is changing his job on a H-1B or a EAD...I dont see any issues...all I think he will need to justify after his I-485 approval is his intent to work for his employer who did his Green Card ..

Comments Please !!!!
 
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The bottom line is that your first company was "covering" you and you received an approval. I think that\'s it.

I am sure, if you they send you an RFE, things may turn ugly for you, but if they send you an approval, that means you got away with it.

Of course, this is just me guessing.

Mishonio
 
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Hello helper007,
I think you can get away with it if an RFE does not come up along the process. However, if you want to apply for citizenship later on, it might cause some difficulty. If your job change is in accordance with AC21, 180 day rule, then it is safe to notify INS as soon as you change the job.
 
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I have a question about the 180 day rule. I read on this thread that if you change jobs after 180 days of ND of you I485 the new employer has to send the job title, nature of work and the salary to the INS. My question is what happens if the new salary is higher than the previous employers salary in the labour petition? Anybody has any ideas
 
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The memo doesn\'t have much details regarding 180-day rule. Another possibility is that what if you got a RFE about your sponsoring company after you moved to a new company based on 180-day rule?
The sponsoring company may not support you with response to RFE.
Then your I485 is dead.
 
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replying to the original poster: by using this memo - if you get laid off after 180 days then u are fine - just find another employer and use your EAD. Get a letter from the employer and keep that in your file should any questions be asked in the form of a RFE by the INS.

INS can and will screw you up even if you have been very lawful - so move ahead with caution.
 
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HariA, u are right, if you are being laid off after 180 days, u should take a letter from the employer that the candidate still has intent to work with them but just that the company is not doing well because of the termoil in the market.

I think that is a very logical thing to do to make sure the i40 is applicable...

thanks
 
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