AC21, 485 approval soon, change job...

A

aou812

Registered Users (C)
My I-485:
PD: 4/3/00
RD: 7/2/01
ND: 8/17/01
FP: 5/10/02

- I expected I-485 to be approved very soon.
- Another employer now offers me a job, wish me to start the job on 9/2/02.

? What happens if I take the job offer and the I-485 is approved before 9/2/02?

If I-485 is NOT approved by 9/2/02, I should be ok according to AC21 Law. But I worry that I-485 is approved before 9/2/02, and I quit the current job, and INS could revoke the Green Card immediately because I did not stay with the sponsor company in I-140? Am I right?

Thank you very much!

-Tian
 
My case is with NSC. It seems NSC is processing 485 with ND 7/31/01...

Can anyone answer my question in previous post?

Thanks again for your attention.
 
should consult your attorney

I don't see why you cannot change job. AC21 clearly states you can change job after 180 days.
 
Job change

If before apporval the job is changed, you should be fine with AC21.

If it is after the approval, it is not that INS is going to revoke the Green Card immediately.

However, they will find this out at the time of your applying for Citizenship. The usual practice before the AC21 era was to stay with the sponsor for about a year before changing. To be safe, it is better to follow the same in case of approval. If you want to join the new co., why wait till 9/2?
 
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I don't understand why it would be a problem if you change job immediately after approval.
Is there any specific rule that you should stay with company for a while after approval ?
Logically it doesn't sound correct at all for me. When you can change job even before approval, why not after approval ?
Is there anyone who has some knowledge about this ?
Is anybody you know got any problem because of immediate job change after approval ?
Please post your opinions and share your knowledge about this.
Thanks.
 
I called INS today, this lady recommended me NOT to change my job now...

The reason she gave me is that 485 will be approved based on I-129, and I129 is tied to the sponsor company...

I did ask that: "Is I-129 for nonimmigration visa, such as H1B, not green card?" she did not answer me directly and said:" You should consult an immigration attorney..."

BTW, she is not familar with AC21, but she was very nice, friendly and professional....That was good.

Well maybe I should stay where I am.
 
Hi aou812

Why you need to talk to IIO ?, you can consult your lawyer first. Once i-485 pending, then your current employer or INS won't revoke green card only becuase you are changing job. I don't know the IIO you spoke with may be dummy or very new becuase she doesn't know AC21 rule and doesn't know about i-129/ i-140 may be you selected wrong option and spoke with different department.

My guess is your company files i-140 but for i-485 you file by yourself, so unless there is REF or you withdraw application it won't create any problem.

But at the same time it might work against your citizanship application, but who know how the things goes when you apply for citizanship after five year, hopefully there are number of AC21 benificary, so that issue will become non issue at that time.

I hope this will help

JB
 
Similar Situation: Help!!!

Hi everyone,
I am in a very frustrating situation that I would like to share with you. I am a pending I-485 applicant (RD: Sept'2001). My finger printing is next month and I hope for a decision on the GC soon after. I am currently still employed by the company that sponsored me and am working on my EAD at a client.
My employer is a fairly large IT company ( went public a couple of years ago). However it has been having severe financial problems and our salaries have been delayed or pending and paid late for the past year (all of these are of course illegal).
Now the situation has gotten worse. They stopped the insurance premiums for health claiming inability to pay (which is ridiculous since we have the premiums deducted from our checks ...so we are the ones paying the premiums to begin with). All of this may sound familiar to you as hundreds of companies have gone through this in the past couple years. But there is one BIG DIFFERENCE: Our company has a very lean bench and 90% of the consultants are on project even at this time (the rest were let go over the past year). I have never been out of work for the past 4 years or so that I have been with them.
So the question becomes "What are they doing with the money that they are collecting?" Anyway they have consistently lied to us for the past year and have behaved in a most unprofessional way.

Here is my present scenario:
My client has given me a two month extension (Sept,Oct'2002)
and I would like to see if I can direct bill with them (I have an EAD). I looked at the wording of AC21 carefully....I know it talks about "similar job blah blah blah"... but nowhere does it say we have to be salaried employee of the new company. Why cant I do a 1099 (contract ) with the client??
In addition I have stayed with my sponsor company well passed the 180 day limit (almost a year now) and does this not show that we had "good faith intent" to stay with them despite their fraudulent behaviour???
Finally wont the INS give some consideration to the fact that we have not been paid for the past three months even though we are billing at a client. After all do they expect to live on air???? I mean this in the context of why I left the company...

I would sincerely appreciate your thoughts on the matter as I have to make some type of decision soon.

Kind regards
Rastamandrum
:confused:
 
Re: Hey iou812

I gave her the LIN number... she typed in and she pound for a second, I assume she was reading the information....

Thanks.

Originally posted by stillWaiting2
Did the IIO ask ur LIN# etc.?
Click to expand...
 
Re: Hi aou812

Yes, it might be against my citizenship application in the future...
AC21 will NOT apply once Green Card is approved and tied to a specific sponsor company...

Originally posted by jbm
Why you need to talk to IIO ?, you can consult your lawyer first. Once i-485 pending, then your current employer or INS won't revoke green card only becuase you are changing job. I don't know the IIO you spoke with may be dummy or very new becuase she doesn't know AC21 rule and doesn't know about i-129/ i-140 may be you selected wrong option and spoke with different department.

My guess is your company files i-140 but for i-485 you file by yourself, so unless there is REF or you withdraw application it won't create any problem.

But at the same time it might work against your citizanship application, but who know how the things goes when you apply for citizanship after five year, hopefully there are number of AC21 benificary, so that issue will become non issue at that time.

I hope this will help

JB
Click to expand...
 
same boat.

Hello,

I am also in the same boat

RD 08/23/2001
ND 09/22/2001
FP 03/10/2002

I almost got an offer from my client for the same job , same location. I am thinking whether to wait till my passport stamp or gohead and join the company, since is there any way consultant company may screw my green card either before approval or after approval. Suggest me whether shall I wait till I get stamped passport and join or use AC-21 portablity join immediately. which is safe ??.

Can consultant company request INS to revoke green card once it is approved ???

Thanks,
ramesh.
 
I turned down the fat job offer today...

I have suffered so many years just for green card... I just want to get the green card without any trouble...

I checked with two attorneys, their points are: it should not hurt my current 485. If at the time of approval, it is sponsored by my old company, i should work for my old company, which means not to change job now. Otherwise, it could hurt my citizenship application in 5 years. It is not worth, I guess. Money can be made any time, but not green card.

Thanks guys.
 
rameshbachu

As long as you are changing job before the apporval and after 180 days, there is nobody who can put your 485 in trouble! Not even INS, as they MUST follow the AC21. The unclear things are the defiitions of same or simialr job. If you can get the same title, and job desc from the new co., you are safe.

Changing the job AFTER the approval is a debatable area, and you will not be 100% sure and safe, and INS can always say that AC21 was for the PENDING application, not for the apporved ones!

So, if you can do it, do it now.
 
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