action items after changing employer

G

grandmandarin

Registered Users (C)
I just changed employment after 180 days of getting my I485 recept.
I'd like to know what I need to do(if any) to make sure my adjustment of status go smooth.
I heard different things from different people.

Shall I notify INS of my change of employemnt?
Shall my new employer notify INS of my change of employemnt?
Shall my employer take over the case from my previous employer?
Shall I leave the case to my previous employer because I trust them after so many years dealing with them?
What are the action items I need to egt done?

Please advise.

Thanks a lot
 
Action Items and advice...

Advice first:
1.Better if you take over the process yourself.
2. The final regualtions for AC21 are pending . Per current standing regualtions nobody needs to inform INS.

Action Items if you are changing employer:

1. Request LC application, LC approval, I140 application copies and copy of employment offer letter from previous employer.

2. Request original I140 approval, I485 receipt notices for all applicants from previous employer.

3. Request sponsoring employer not to withdraw I140 or inform INS of the job change (pending new regualtions)

4. Request an employment offer from new employer citing similar responsibilities as in LC/I140, title and salary (in that order of importance)

5. Apply EAD and AP renewals diligently (If average processing time is 3 months over the past 1 year, apply 4 months before)

6. File G28 to indicate all future correspondence regarding this 485 case should be made to you or your new lawyer. Call INS to confirm this after a month.

7. Line up an attorney to argue your case with INS if called for an local interview.

Others might add more....
 
Original approval of I-140

Jaxen, your information is really valuable and helpful. Thanks a lot. I do not think my employer will give me the original I-140 approval. Is this necessary? Is a copy of I-140 approval OK? Thanks.
 
Please Visit the link for many questions on AC21

http://www.murthy.com/UDac21qa.html#3

Texas Service Center & I-485/180 Day Rule

In a response to an AILA inquiry, the TSC confirms that the immigration laws do not require that a beneficiary work for a sponsoring employer PRIOR to obtaining permanent residency; only a bona fide intent to undertake employment once permanent residency is approved is required. Since the 180 days portability provision has been in effect, actual employment with the I-140 petitioner is no longer required once the I-485 has been pending over 180 days.
 
disclaimer

Pl. don't forget the 'disclaimer' part in Murthy's reply.

It reads:
"Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published."

As we have stated this again and again in this forum, that all these depend upon how INS interpretes AC21, until then, keep up the hope :p
 
with new ruling for I-140 and I 485 concurent filing

With new ruling for I-140 and I 485 concurent filing.

How the portablity rule effects ?

Is it still after after 6 months of I-485 filing (regardless your I-140 apporval ) ?

OR

Is it 6 months after I-140 apporval ? (may be more than 6 months of i-485)


Let us know your thoughts.

Thanks,

JB
 
My take is

Both 6 months after 485 RD and I140 approval.
i.e. if it is 6 months after 485 , but I140 has not been approved yet, U cannot claim portability.
If i140 is approved but I485 has been pending for 5 months, then a month after 140 approval, portability can be claimed.
This intrepretation is based on the AC21 statement on the relevant clause which states that a certification or approved I140 is valid if 485 has been pending with INS for 180 days or more (and the new job is similar to the one for which GC is appled for).

Inder99 & immi07- I think we presume that people coming to this forum/thread already know that
1. AC21 can be used for 485 portability. That link is very old news (more than 180 days!!!). They just want to clarify small things about it ;)

2. Anybody taking an armchair opinion without a pinch of salt or common sense should not post a question at all. Disclaimer means just that, shouldn't take it to mean it is false or legal.
;) ;)
Take it easy.
 
action items

All,

I talked to my lawyer in my previous company.
I was told that

1) I just need the new employer to send a notification to INS with employment information.
2) Then renew my EAD 3 months(or 4) before it expires. My previous company will still keep my case and notify me when the green card comes.

So I guess I just need to do step 4 you mentioned above and have my new employer send it to INS

>4. Request an employment offer from new employer citing >similar responsibilities as in LC/I140, title and salary (in that >order of importance)

What do you think?

Thanks
 
Lawyer suggested to keep proof of employment with sponsor for 180 days past I-485 RD. ( a termination letter/ paystub etc.)

In a most conservative approach to AC21 law we would need the above.

-- Generally if you do not have
a) new employment letter
b) proof for 180 days with sponsor,it is advisable to sit quite and hope for approval w/o RFE.

-- In the event of above requirement being met, Attorney's prefer to inform INS.

Jaxen's whats your take on this?

Fellow
 
Both options are ok

I would personally would prefer to sit it out rather than invite unnecessary scrutiny myself from INS to enquire whether the new job is similar.
As I said earlier, AC21 new regulations might have something about this... Till then I would sit quiet...
 
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