180 days rule in real life

A

ALFREDO

Registered Users (C)
ok, friends I understand that we need to inform to BCIS if we change employers under the 180 days rule, but can someon please!! explain me the following:

1.- assume you are working and suddenly you get fired.

2.- assume that your employer won't notify to bcis that you are not working with them anymore.

3.- assume that the officer at bcis take your I-485 and everything looks ok and he is going to approve it.

how in the world the officer knows that you are not working with you sponsor company if the employer never notified bcis.
As far as i understand the officers don't have a data base where he can check and see if the person is still employed or not. bcis does not share any info with IRS..
I am not saying that you should not communicate that you change employer, but my point is that if you loose your job and you are still looking for a new employer chancer are that bcis will stiil approve your I-485 and you won't get any RFE.
please, comments on this
 
That is true. If it issues a RFE you must be in a position to show that you are currently employed and that you were with the former employer for a minimum of 180 days.
 
re

If the officer approves without checking any employment informtion , it is well and good and the officer or bcis will not know that you are working for other than the sponsoring employer.

But, the real problem comes IF the officer put an REF on your emplyemnt, asking for some evidence. If this happened and if you had not informed to bcis, then that might create some problems. So, i believe it is worth to inform BCIS.
 
Re: re

Originally posted by EDW2002
If this happened and if you had not informed to bcis, then that might create some problems.
Click to expand...
Are you sure, EDW2002? AFAIK, there is no mandatory requirement to intimate BCIS about job-change under the gamut of AC-21 provisions.
 
re

I did not say it is mandatory, I'm saying it is more safe if we do inform BCIS about job change
 
08/12/2003: BCIS Gives Guidance on AC21 180-Day Rule for EB-485 Filers

AILA has reported a very important memorandum of the BCIS which answers a number of unanswered questions relating to the so-called 180-day rule. We are grateful for the AILA to make this memo available to the interested parties. Some of the rules that are set forth in the memorandum are as follows:

Availability of 180-Day Rule for I-485 Applicants Who Were Not Employee of the I-140 Petitioner: The approved I-140 petition may be ported to a new employer for a same or similar occupational classification. The memo states that it is possible for an alien to qualify for the 180-day portability even if he or she has never been employed by the prior petitioning employer or the subsequent employer under AC 21. However, the evidence must be there that an offer of employment must have been boda fide, and the employer must have had the intent at the time the I-140 petition was approved.

Withdrawal or Revocation of I-140 Petition Before 180 Days: The I-140 petition is no longer valid and cannot be ported to a new employer after 180 days.

Revocation of I-140 Petition After 180 Days for Fraud: The I-140 petition becomes invalid and cannot be ported to a new employer even after 180 days.

Withdrawal or Revocation of I-140 Petition After 180 Days After New Employment of Similar/Same Occupation: The approved I-140 petion will remain valid and I-485 will be completed as filed.

Filing Requirement for Change of Employer: If the I-140 is withdrawn but the beneficiary has failed to file evidence of a new qualifying employment before that time, BCIS must issue Notice of Intent to Deny I-485. If the qualifying new employment is then timely submitted, BCIS may consider the approved I-140 valid for the purpose of continuous adjudication of I-485 even after the Notice to Deny has been issued. It is thus critically important that people either file the change of employer as soon as the employment change takes place or if the Notice to Deny is received, they respond to such Notice "timely" and with "required evidence." If the Notice is not timely reponded, the BCIS will deny the I-485.


source: immigration-law.com
 
Notifying BCIS that you changed jobs is your protection in the event that the sponsoring employer revokes the I-140.
 
Yes, if you are sure your sponsoring company will cooperate and not revoke your I140, you could just wait for RFE. My lawyer told me that he didn't believe we need to inform BCIS about job change.
 
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