485 and AC21

M

maansi28

Registered Users (C)
Hello All:
Now that the PD have become current, I suspect we will see many more such questions...
I know this topic has been beaten to death, but here goes anyway:

I gather than 180 calendar days after 485 has been filed (and 140 is approved), one can change employers. But there is a post (by a Sheila Murthy co. attorney, no less) that clearly says "
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posted July 27, 2005 03:23 PM

It is normally recommended that one remain with the sponsoring employer for 6 - 12 months after the I-485 approval date.

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So, you see the dilemma! Can anyone pleae provide a definitive answer here?

Much, much thanks
M
 
That's the conservative approach. There are many who jump ship as soon as 180 days are over without any negative consequences
 
maansi28 said:
Hello All:
Now that the PD have become current, I suspect we will see many more such questions...
I know this topic has been beaten to death, but here goes anyway:

I gather than 180 calendar days after 485 has been filed (and 140 is approved), one can change employers. But there is a post (by a Sheila Murthy co. attorney, no less) that clearly says "
--------------
posted July 27, 2005 03:23 PM

It is normally recommended that one remain with the sponsoring employer for 6 - 12 months after the I-485 approval date.

-------------- Employer filed LC for you then I-140 for you and he intended to hire you for permanent job after I-485 approval and you intended to work with employer after getting GC or I-485 approval. After getting GC if you leave him second day it means you never had intention to work with him and tried to get GC by fraud. To show your intent you need to work 6 months to 1 year or get fired. If you leave second day after I-485 approval employer can write to USCIS can request that your GC should be revoked as you did not have intention to work with him. You may also face problems at the time of citizenship as your I-485 file will be before the officer and he will know that you never worked with employer after I-485 approval that sponsored you GC.

So, you see the dilemma! Can anyone pleae provide a definitive answer here?
----------------------------What is dilemma? You intended to work with employer after getting GC and that is why employer filed LC and I-140 for you. Do you think that employer should file LC I-140 waste the money for filing fees, LC advertising, I-140 filing, lawyer fees and once you get GC go way and not work with him? If you don’t intend to work with employer after GC then why waste his money for filing fees and why request him to file GC for you?
Much, much thanks
M
Click to expand...

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485 And Change Jobs

Thanks for the responses, guys.

Ginnu - I totally see your point. But in that case, no one would be able to change jobs and I know for a fact that some people have changed jobs within a few months of filing 485, as long as the next job was similar to the one that the GC was filed under.

I just wanted to know what the options are.
 
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maansi28...
U are one confused fellow....

there are two things....
(1) before 485 approval and
(2) after 485 approval

Rule 1:
the clause of AC21 - 180 day rule indicates, that one can switch employers in scenario (1) before 485 approval....

Rule 2:
In scenario (2), whichever employer you work with, when your I485 gets approved...it is recommended that you should stay with the employer for at least 6 months to 1 year...to prove that the intent of green card was for permanent employment (as ginnu pointed out)
 
So, eg. Employer A sponsored you for IT Engineer position and you worked with him for 200 days, after I485 filing....
and then jumped to Employer B....for the same job....worked with him for 1 year....
then jumped to Employer C...for the same job worked with him for 7 months...and your GC got approved...

then (Murhty's comment - which you rightly pointed out)...says you should not quit Employer C in the 8th month...you should stay with Employer C for another 6 months+....i.e. U should stay with Employer C for overall period of 7months+6months=13 months+

Yep, that's the deal...you are recommended to stay with Employer C...through whom your GC got approved...

Hope this is more clear
 
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Moving to another State after invoking AC21

PD Feb 2003
I 485 filed on June 7, 07

I have two questions.

1. After 180 days of AOS being pending, can I join an employer who is in a different state other than the current by invoking AC21? Is there a salary limit while changing to a new employer? I am aware that the job description should match the current one.

2. My wife's H4 will get expired on Sept 03, 07. We have filed for I485, EAD and AP on June 7th. Should I extend her H4 by appling I797? Is there any risk of being out of status? After appliying for I485 if we apply for H4, will that over rule the 485/EAD? Pls help.

Please guide me on the above matters.

Thanks
GC Dreamer
 
ginnu said:
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Click to expand...

Ginnu, what you are saying is of course right, but you need to understand the situation that most people are in here.

There was obviously an intent of employer and yourself to work together. But given the length of the process and retrogression, what was true 3-4 years ago may not be the same today. This is how long it may have taken some people to get to the stage to be able to file I-485 only to realize that all efforts may be wasted.

Second, not all employers paid for the greencard. I know a lot of people including myself who pay for everything for the GC, because employers do not agree to pay (for them it is enough to have you as H1b for 6 years). So it is obvious many people would not want to pay major $$$ again if they have left the job and the former employer cooperates.

While what you are saying is correct, the situation most people find themselves in is because of really long time it takes to get things done and because it can be really expensive. Nobody wants to commit fraud, but it is simply a reality that things with employment change and it is not easy to start a GC every time you change employer, so most people try to figure out a better solution to the situation. Please don't be harsh on them.
 
Tb

I was diagnosed with TB about seven years back in India. I took medication for about 6 months and was cleared. But like someone else also pointed out, even when you get cleared, the scars will still appear on your X-ray.
As I am from India and had the BCG vaccine, chances are that my skin test will come positive and I will be sent for X-ray. Then, the X-ray will also probably show some scars.

Can anyone, please, advise on what should be done in such cases? I am planning to meet one of the doctors whose reports are acceptable to USCIS explain the situation to him/her, and ask what is the best way to proceed? Maybe ask him for a but QuantiFERON-TB Gold test?

Does that sound like a good approach? any other suggestions?

Thanks much
M
 
Once one use AC21, and moves to the new employer, can he still get his AP and EAD renewed based on a letter from new employer?

Any issues here?
 
prq20 said:
Once one use AC21, and moves to the new employer, can he still get his AP and EAD renewed based on a letter from new employer?

Any issues here?
Click to expand...

ead and ap are YOUR petitions nothing t dowith ew ac21employer. You renew them NOT employer.
I would not even mention that to them, why do so?
 
Thanks techbuyer77,

My question was that when you send AP or EAD based on your pending I-485, your 485 receipt notice mentions your sponsoring employer's details.

Now when USCIS look into your file for AP/EAD approval, they find an AC21 and change of employer notice. Can it create a problem in EAD/AP approval?
 
employer not giving I-485 receipt

Hi Gurus

My employer did not apply EAD saying that its a company policy and is not giving I-485 receipt notice , what are my options to show as proof to apply for AC21 portability?. I have a courtesy copy of my I-140 approval.
 
Saibandhu said:
Hi Gurus

My employer did not apply EAD saying that its a company policy and is not giving I-485 receipt notice , what are my options to show as proof to apply for AC21 portability?. I have a courtesy copy of my I-140 approval.
Click to expand...


I-485 petition is YOUR petition, it is NOT filed by employer it is filed by YOU, send him email to provide the copy of Your I-485 filing reciept and also send email/fax to lawyer who filed YOUR I-485 to send you the copy of your I-485 filing reciept (save the email/fax) if the company lawyer does not give you the copy of your I-485 reciept then hire YOUR lawyer and he/she can get the copy of your I-485 filing reciept from Lawyer , I-485 belongs to YOU and YOU signed G28 with lawyer and lawyer represent YOU for I-485 if he does not give your I-485 filing reciept You can register a complaint with the State Bar. write to him that if he does not send copy of your I-485 filing reciept you will send complaint with the State Bar (keep the record of your email/fax) dont talk to him on phone write him/her
here is sample of complaint again lawyer to state bar (you can find your state bar)
http://www.alabar.org/ogc/complaint_form.pdf

If you are having difficulty obtaining files from your attorney.

The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled. The complete original file belongs to the client and the attorney may copy the file at his or her own expense.

However, if an agreement has been entered with the attorney relating to copy costs, you may be responsible for such costs. This is only true when you are seeking copies of the file while you are still being represented by the attorney. You should make a formal request to the attorney in writing. If the attorney fails to respond, this letter can be used as evidence for future State Bar purposes.
 
ginnu you are so right. My attorney (she never was company attorney always mine) said the same thing.
And they even charge me for copies. But it is ok, at least the are on my pay not my employer's ... even though my employers are the best of the best, it is always to retain your own attorney.
 
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