AC21, Changed Employer before I-485 and after I-140 approved

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bkh33al

Registered Users (C)
Hello Gurus,

I have changed my sponsoring employer after my I-140 was approved. While I was with a new company, my sponsoring employer filed for my I-485 based on a future employment basis in 2002. After long wait our cases got transferred to a local INS office.

The interview letter had asked me to bring my passport, spouse, current employment letter stating numbe of hours per week and rate of pay.

What should I be prepared with? Am I in trouble with USCIS ? I am in touch with my attorney...but also like to get some feedback from you.

I appreciate your suggestions in advance...

Thanks.
 
Seems like no one has run into this situation yet ?

If anyone has any feedback or know of anyone in the same situation, please let me know at your earliest convenience.

Thanks.
 
Some good news..

I was doing some more research, and for those who are wondering what might happen here is an excerpt from Shusterman's chat script

Question #1:Hi. In my case I changed jobs about 1 month after filing my I-485 because my employer went out of business. That happened 10 months ago. My I-140 was approved prior to filing I-485 and to the best of my knowledge my previous employer hasn't withdrawn it. What worries me is the wording "I-140 immigrant petition shall remain valid when an alien changes jobs, if the I-485 has been filed and remained unadjudicated for 180 days or more." At the time of changing jobs the I-485 hadn't been pending for 180 days yet. So, is my I-485 still valid? If it is, what documents should I file with the BCIS to prove that my current job is the same as the one before? How soon after changing jobs must I do it? Are there precedents, in which a green card has been denied in cases like mine?

Carl: Good question. There is a lot of confusion, not only among immigrants, but among immigration attorneys as well, as to the meaning of the 180-day rule. It is not necessary for you to remain with your initial employer for 180 days or more after the I-485 is submitted. What is important is that the I-485 not be adjudicated during the first 180 days after submission. In your case, it has been over 10 months since the I-485 was submitted, so the 180-day portability rule applies.

Per the June 19, 2001 memo, you must supply the BCIS with two documents. The first document is a letter, stating that, at the time you submitted the I-485, it was your intention to remain with your initial employer indefinitely. The second document is a letter from your new employer stating that your new job is the same or similar to the job for which your labor certification and visa petition were approved. These letters may be submitted at any time, but the process is much smoother if they are submitted before you receive any notification regarding your application, from the BCIS.

The employer letter should contain the job title, job description and salary of the new job. To determine whether the new job is the same or similar to the old job, the BCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with BCIS headquarters. Shusterman.com links to the June 19, 2001 memo at http://shusterman.com/toc-gc.html#2A1 and to the DOT and the O*NET from http://shusterman.com/toc-dol.html#7.

Thanks
Also it would be nice if someone posts some more feedback ?
 
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