Attorney Jim Mills and Others, Please help

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sagar10

Registered Users (C)
Attorney Jim Mills and Others,

Mr. Jim Mills, I really appreciate and value your advice.
Here is my situation-
My current project will end in 1 to 2 months. My RD is Oct 24, 2001. Hence my I485 is not adjudicated for 215 days now. I am 100 % sure, that my company will Lay me Off once this project ends.
Currently, I have a very good job offer which will have a -
"Same or Similar Occupation"
Salary that will be $5000 greater than what has been stated in my LC and I140
Same location - NJ
And most of all-Daily Peace of Mind that I will not be losing my job any day.

My 3 questions are the same as have been discussed by others but I am trying to come up with a solution in my situation and this may help others who are in a similar situation as me: -
1) When the regulations are Out and if the INS takes the position that
"A employee cannot leave the job (even after 180 days after I485 RD) till he is fired or laid Off" then in that case will I be able to say that "Since I was going to lose my job anyway, hence I took up the job with a different employer (I can give examples of 2 co-workers who were let go as soon as their project ended)
2) Also, can I take the stand that as per AC21 June 2001 Memo, a person can change job on his own (resign without LayOff) and that when I changed the job in June 2002, the Final regulations were not out yet and hence we followed the June 2001 Memo.
3) We all sort of feel that If the Employer is able to Revoke the I140 or LC, if it is 180 days after filing of I485 then there is no meaning of this clause of AC21.
Jim and Other gurus, do you really think that INS in its final regulations "will allow revoking of the I140 if the employer informs the INS 180 days after filing of I485 and the employee resigns 180 days after filing of I485.

I do understand that before 180 days is a tricky situation and Attorney is a little aggressive on this point. But in my situation, it is a AFTER 180 DAYS scenario.

My attorney is in Europe and will be back next week. I have to reply to the new Employer in 2 days. Hence I would really appreciate if Mr. Jim Mills responded.

Thanks for your help.

Sagar
 
go for it...

In my humble opinion, go for the new job if you like it and if the job responsibilities and requirements are same.

I have checked with my attorney and AC-21 allows you to do so. Do not worry about when the regulation would come out and what would it say -it\'s good to speculate on all possible scenarios but that may be hampering your decision.

Good luck.
 
Just my Thoughts!

AC21 rule does not say that you can switch the job after 6 months just like that.My understanding is that the \'intent\' of switching jobs does matter if it INS comes to know that you have changed the job and if they send your application for an interview.

Best scenario: If you switch the job and if your existing employer does not inform INS about your application, if INS does not find any other flags i don\'t see any problem.

Worst scenario: If your current employer informs INS and if they note that you intentionally changed the job irrespective of before/after 180 days there is a chance that you could get an interview.

It is just my openion but you got to look at all the scenarios before taking risky decision.

Good luck.
 
Kaktiya King, Thanks for your advice. Anyone else have an opinion, especially Mr Jim Mills

Kaktiya King, Thanks for your advice. Anyone else have an opinion, especially Mr Jim Mills.

Thanks
 
I have a similar situation

What I think is that whatever be the case or scenario the applicant will always have the opportunity to explain to INS specific circumstances under which provisions of AC21 had been invoked.
The other thing is that since you will continue to earn in a job with similar job profile and duties and above all continue to pay taxes; I don\'t see any problem that INS may find in your case.
And everyone knows that the market is very fluid and it is this very reason which led to creation of AC21. Also looking at the current scenario and uncertain wait due to added security check I think it is advisable to invoke AC21 and move to your new job.

All the Best
 
Are you going to ???

Since you are in the same situation, are you going to take shelter under AC21???
 
YES

All the Best to Both of us and the other thing is that surviving this economic turmoil in itself is sufficient proof that we are and should be elligibile for GC.
 
Job Change

The AC21 rule allows you to switch jobs after 180 days regardless of anything. The "intent" has nothing to do with the rule. My wife switched jobs after 180 days and our GC was approved. We did not get any RFE. I don\'t think there is any need to worry while changing jobs. The INS is not asking anyone to prove intent. The economy and the Tech downturn is reason enough at this time. So it is safe to change jobs on your EAD.
 
Ram A Question

Did you/your wife inform INS that she has changed job. Was any letter, etc. sent and is it necessary to inform INS?
And was she on H1 or EAD and did she get her H1 transferred just to be on safe side after job change and before GC got approved?
I will appreciate your response.
Thanks
 
Hi

No. She did not inform the INS about the job change. She did not get her H1 transferred either. She is working on her EAD. That is the whole point of the EAD.
 
No Title

Hi Ram,

Thanks for the info. Whe you/your wife went for GC stamping, any questions asked regarding employment? Or any emp. letter?

Thanks
 
Hi

No. Nothing was asked. We are waiting for the security check to be completed and will be called for the actual stamping in Arlington. When we went the first time we were not asked for anything.
 
Ram About Employment

At the time of passport stamping if they ask for Employer name what do you plan to do? New employer or old?..

And I really appreciate the info. you are sharing with us.
 
Hi

Cannot lie to the INS. Will give the new name. It does not matter. It is permitted by law to move under AC21. I don\'t know why people make such a big deal of this clause. There are so many candidates who have made the switch, been asked for employment letters at the time of stamping and granted the GC.
 
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