485-180 days rule equal to IV-getting-in-Consular-processing? can i join new company

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pro_gc

Registered Users (C)
if a guy's I140 gets cleared on say 1 jan.2003 . He opts for Consualar processing as he is outside US.

Now he gets IV which is valid for 6 months on say 30.June.2003

Than he keeps on chasing the sponsoring company for assignment for 4-5 months. But the sponsoring compamny is not able to find any assignment.

Q1. If the sponsoring company is NOT going to complain to INS, etc can the person, join a new company in the US? And if the INS asks duriing cititzenship or otherwise, can the person tell, that "I was constantly asking for assignment, for 4-5 months but the sponsering company couldn't get any. As my IV was expiring in 6 months I joined this new company in the same job as was mentioned to DOL.

Q2. After I140 gets cleared, if a person goes in 485 route and 485 is not getting cleared for 180 days, than he can change job. Can this be approximated for Conuslar processing guys also?

An early reply would be highly appreciated

THANKS
 
pro_gc said:
if a guy's I140 gets cleared on say 1 jan.2003 . He opts for Consualar processing as he is outside US.

Now he gets IV which is valid for 6 months on say 30.June.2003

Than he keeps on chasing the sponsoring company for assignment for 4-5 months. But the sponsoring compamny is not able to find any assignment.

Q1. If the sponsoring company is NOT going to complain to INS, etc can the person, join a new company in the US? And if the INS asks duriing cititzenship or otherwise, can the person tell, that "I was constantly asking for assignment, for 4-5 months but the sponsering company couldn't get any. As my IV was expiring in 6 months I joined this new company in the same job as was mentioned to DOL.

Ans. I think that will be acceptable. Contact lawyer about this issue

Q2. After I140 gets cleared, if a person goes in 485 route and 485 is not getting cleared for 180 days, than he can change job. Can this be approximated for Conuslar processing guys also?

An early reply would be highly appreciated

Ans. As per AC 21, I-140 is cleared and I-485 is pending for more than 180 days, then you can change jobs provided the new job has the same responsibities and job description and salary.
THANKS
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JOEF,

Thanks for the inputs. This portal is boon for the immigrant community ...hats off..

P1) But when the person entered with IV and did POE, he has 100% intent to join the sponsoring company. So that question of "not having good faith/intent" does not arise. ins't it?

P2) But, than the project is budgeted such that he has to make frequent travel between on-site:eek:ff-shore, which made life very stressful for the person(and family(having wife+small childrens)). Family cannot stay alone in a new country from day 1 (isn't it?) as they can't manage the daily chores (especially a first timer to US) and the new employer assures a 100% onsite job) ...

Would appreciate if anybody can give some inputs on Points P1 and P2 above.

Thanks
 
Thanks for the comments.

but in this, its a CP case and the family-coming for the first time is true

secondly, multiple locations, would be within US. If the sponsoring company sends a person to overseas (outside US) from extended period of time due to project requirement) than, seeing the permenant status would come into problem, then employee has ther right to accept a job which gurantees stay within US. One cant expect to weekends in US-India sector..isn't it?

awaiting...
 
so is there any good reasoning we can conclude? or atleast, generally there would not be any problem untill the person applies for citizenship, etc?

or contacting a lawyer would be a good thing?
 
thanks joef...well said...

if the employer doesn't fulfill his obligation. In such a case, the employee can argue that he really wanted to work in the job as specified in the LC, but the failure of the employer to have the person working in that job forced the employee to look somewhere else
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will there be any documentary evidence required to prove that employer doesn't fulfill his obligation? Can't the INS guys argue that if the employer failed to have the person ..." means that you (i.e. employee) must go back to home country.....

i am not too sure if this issue of "intent" is of any importance to INS guys..but if others gurus..can contribute to this...it would be great...
 
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