180 days rule: Changing jobs

mitr

Registered Users (C)
Looks like there is still a gray area in switching jobs after your
I485 approval. Nobody has a consensus on how long you should wait
before switching jobs (3 months, 6 months, immediately etc.). But every
attorney suggests that you should wait for some time (??) before you
switch jobs. This is because GC is basically awarded for future employment.

Now the 180 days rule totally invalidates this argument. According to
the 180 days rule, you can switch jobs after 180 days of filing I485.

So it sounds to me, if 180 days have passed by and your GC is just a
month or two away, it would be safer to switch jobs right away rather
than waiting for the I485 approval.

Any comments?

-Mitr
 
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I think logically what you say is correct but unfortunately no one knows how INS thinks so I would suggest that you wait for the regulations before making any move.
 
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This scenario works unless you get called for an interview with the local INS office in which case you\'d better have some solid explanations or be prepared to run through their birocratic maze. Interviews happens more often that you would think - it happens to me for sure :-(
 
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Do you have to have a reason for switching jobs, if all
you are trying to make use of is the new 180 days law.

If you get called for an interview after switching jobs,
can\'t you just say that you "switched jobs before getting
your GC because it is allowed under the new law". Do you
have to give them more info than that??

TAI,
Mitr
 
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I heard from a friend whose attorney told that if 485 has been filed and the employee is laid-off, he can accept a new position even before 180 days provided EAD has been received.

Too good to be true...
 
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AUSTechWorker,

What you have heard is correct. That works in
case of being laid off.

What is in question here is switching jobs after
180 days vs. waiting for another month
or two to complete the whole GC process.
 
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laid off within 180 days of 485 is ok if you have EAD???

IS THIS TRUE?!?!

I\'ve been worried about getting laid off. I have my EAD already. So should I feel secure with my EAD?

Seems like I should be pushing to be laid off so I can use my EAD!! ;)

Anyway, I\'m also pass the 180 days of 485... I\'m just curious.
 
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>
I have never heard of it, and I am sure that AC21 doesn\'t mention it either. Where did you guys get this - I would really question that source if I were you.
 
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