Hi:
Please, don't laugh. I worked for Company A and filed I-485 (after i-140 was approved), receipt was dated Oct, 20, 2000. In February 2001 I left and started working for Company B (less than 180 days). I did not notify INS. In March 2001 I gave my finger prints, in May 2001 (after more than 180 pending) my i-485 was approved.
I did not go and stamp it at that time: my lawyer at that time told me that despite I would definitely be stamped at the INS office, there is no regulations on AC-21, so it is uncertain how this situation will be considered later. I was advised to wait.
Meanwhile, my new company B started a new LC process for me which finally got approved last month (took 2 years).
Now 2 years passed: no regulations, I did not notify INS (BCIS now), I did not receive from INS any letter (RFE?), my case still can be seen on the BCIS web as "approved, the notification sent on ...".
Consulted three (good) lawyers, have two major opinions: first is "your case is not valid anymore because you left Company A before 180 days expired. You have to start all over again - i-140, then i-485 (or concurrently)".
Second is that the law currently does not say explicitely that you may change the jobs only AFTER 180 days, it only says that the case must be pending for 180 days. So, prepare the set of letters as if you received RFE letter from INS, then send them to BCIS and go stamp your GC (the slight modification - don't send the letters, bring them to BCIS with you on your way to stamp GC).
Key moments (as I feel): I left myself (don't ask why
, was not laid off; I did not notify INS all the time; I left inside 180 day period; i-485 was pending more than 180 day.
Any advice? I am sorry for the long post.
Thank you very much.
Regards,
Vdd.
Please, don't laugh. I worked for Company A and filed I-485 (after i-140 was approved), receipt was dated Oct, 20, 2000. In February 2001 I left and started working for Company B (less than 180 days). I did not notify INS. In March 2001 I gave my finger prints, in May 2001 (after more than 180 pending) my i-485 was approved.
I did not go and stamp it at that time: my lawyer at that time told me that despite I would definitely be stamped at the INS office, there is no regulations on AC-21, so it is uncertain how this situation will be considered later. I was advised to wait.
Meanwhile, my new company B started a new LC process for me which finally got approved last month (took 2 years).
Now 2 years passed: no regulations, I did not notify INS (BCIS now), I did not receive from INS any letter (RFE?), my case still can be seen on the BCIS web as "approved, the notification sent on ...".
Consulted three (good) lawyers, have two major opinions: first is "your case is not valid anymore because you left Company A before 180 days expired. You have to start all over again - i-140, then i-485 (or concurrently)".
Second is that the law currently does not say explicitely that you may change the jobs only AFTER 180 days, it only says that the case must be pending for 180 days. So, prepare the set of letters as if you received RFE letter from INS, then send them to BCIS and go stamp your GC (the slight modification - don't send the letters, bring them to BCIS with you on your way to stamp GC).
Key moments (as I feel): I left myself (don't ask why
, was not laid off; I did not notify INS all the time; I left inside 180 day period; i-485 was pending more than 180 day.Any advice? I am sorry for the long post.
Thank you very much.
Regards,
Vdd.