AC21 180 days after i-485 RD - HOW TO? Gurus, please?

alinaab

Registered Users (C)
I read thru this forum section and could not find the answer I am looking for, please help!

Current situation:
My I-140 was approved, finger prints done, FBI check passed, now I am waiting for IO to review the case (per NSC). I am still with the same sponsoring employer.

Question 1:
If the Green card arrives before the 180 days pass (Feb 1, 2008), is it true I need to stay at my current job, and cannot move until 6+ months pass?

Questions 2:
Is it true that when the Green card arrives, I need to stay at the current job that catches me at, as I need to be there for 6 months at least? So this would apply to sponsoring employer (before 180 days pass) and new employer (after 180 days pass)

Question 3:
If my Green card does not arrive by Feb 1, 2008, I plan to switch companies at that time.
2.1 Are there any limitations other than same job description and salary NOT lower than the Labor certification salary?
2.2 Do I need to submit a letter to INS?
2.3 If I do not submit a letter and I am called in for an interview, will that be a problem?

Thank you so much, sorry for the detailed message... Lots of unknown factors for me.
 
This is an AC21 page that can answer your Q3 and sub questions.

As to Q1 and 2, there is no hard number as to how long you have to stay with your sponsoring employer. However, if in a rare case that you get called in for an interview (your employer wasn't too happy about your leaving, for example), you must be able to explain and prove that you had the intent to work for that employer permanently at the time of filing.

Of course if you leave the same day you get the car, it is going to make it difficult to establish your case. That is why people say you should stay for a few more months, but how many, you have to make a decision based on your situation and risk tolerance.
 
Top