AC_21...178 days change to a new job

[gull]

Hi,
I have changed job before 180 days i,e 178 days because of goof up by HR dept and the my new job description is same as in my labour. Does it affect my GC process.

The AC 21 law says that if I-485 remains unadjudicacted(not reviewed) for more than 180 days and the next job is same or similar job description then One can cahnge jobs

Please guide me..

 

[sivak_c]

For this only every body is confused and waitnf for correct answer

 

[dma_va]

I guess I can throw some light here.............


My old company A got bought over by another company B sometime end of last year.

My lawyer advised that I wait till I complete 180 days and on the 181st day (early Feb'02), I was on my new company B payroll (my old company A continued to put me on their payroll till 180th day even though other employees got moved to new company B).

On 181st day, I was working on EAD (as lawyer said and company B insisted that there's no need to spend money on H1B renewal) that I got thru my comapny A.

Lawyer filed for "successor in interest" with INS on behalf of Company B and that's it.


My two cents: Wait till 180 days before changing job and after 180 days, if u have to, go into a similar job nature.

 

[ghost-rider]

do't worry u r fine .

http://immigration.about.com/gi/dyn.../dec01.html#7

 

[fellowgc]

My suggestion wait till 180 days are completed from I-485 RD

Actually the law says 180 days from the day I485 was filed (i.e. you sent the application in mail!), which is about a day or 2 before INS RD of I-485.

I know this as my lawyer wrote a job change letter to INS saying the day they sent I-485 as the filing date for I-485. but my case is not yet approved.

But to be on safe side wait till 180 days from RD.

GC is Once in a life time opportunity man!

Better safe than sorry.

Fellow

 

[Feb2002Case]

fellowgc : Looks like you changed job using AC21. As I am planning to so the same thing can you please share some info like what steps u took. I hope u used EAD for next job. I am scared after reading 1 post recently about rejection of 485 even though guy had changed job after 180 days. Also did u resign ur previous job or ur company fired u? I think this matters in prving intent. please share ur experiance. Thanks in advance!!