AC 21 180 day job change rule - what do I have to do

R

Really Anxious

Member
Hi All:

Due to the current conditions there is a possibility of layoff in my company and so I may soon have to look for a new job. My GC is not yet approved but 180 days is past - my ND is Nov 29 2000.

I know that the regulations are not yet out (Any idea when they might come?). However, several people have already changed jobs using this rule. Please advise as to what precautions I need to take. Specificaly, what needs to be satisfied in the new job - how broad is the AC 21 \'similar occupation\' criterion?

1. My GC labor had title of Software Engineer. Does my new job title have to be the same?

2. Salary - should it be same as advertised in GC labor?

3. Duties - should I have to work in same platforms/tools as specified in GC labor?

Anyone with experience please reply
 
No Title

I would suggest to do the following :-

1. Get EAD asap, if u haven\'t gotten one already
2. Get a letter (if possible) from ur present employer stating that they r willing to take u back once u have ur green card
3. Look for/get an offer from a company with same job description as of LC (esp. Salary/Job Title/Description) and get the letter from them
4. Inform INS once you switch job (rather than waiting for RFE)

Hope this helps.
 
No Title

No need to worry. Look at the following post in USVISANEWS.COM.
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Section 106(c): Change of Employment Permitted in Cases of Lengthy Adjustment Adjudication

...or more fondly, "PLEASE TELL ME... CAN I CHANGE EMPLOYERS WHILE MY I-485 IS PENDING ???"

This is the other provision that has generated a barrage of questions. Just when CAN a new employer be substituted for the employer who was the sponsor of an approved I-140 that became the basis of a pending adjustment application (I-485)?

If an applicant for adjustment wishes to take a new job in the same or similar occupational classification at the job that was the basis of his or her employment-based I-140 AND the I-485 has been pending 180 days or more, the new employer may be substituted into the existing I-485 application without disrupting the application at all.

This is accomplished very easily - NO new petition and no new fees.

Step 1: The applicant notifies INS of the change in intent by letter.

Step 2: The Service should then make a request for a letter of employment from the new employer.

Voila! Done deal.
 
No Title

What if the sponsoring employer revokes the 485 or 140 petitions ?
No where in the publication this was answered clearly.
 
No Title

i saw a month ago at www.shusterman.com that after 180 days employer cannot revoke i140.

employer cannot revoke 485 at all. employer can revoke 140 but after 180 days he wont be able to do this as well.

i\'ll suggest ask your lawyer and confirm it.
 
No Title

ma786, Could you please clarify this ? I couldn\'t find in shusterman.com about employer can\'t revoke 140 after 180 days,
is 180 days after filing 485 or after I-140 was approved?
thanks very much.
 
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