Bhanu,OCT2000, other Exp.Pros/Bros.- Neeed Help

T

txflute

Registered Users (C)
Hi Experts,

Need Help! I just applied for 485 and EAD on 1st of May 2001. My client is asking me to join. My PD is 4/98 and EB3. If my employer is okay with that, Can I join my Client, once I get my EAD? Any advice will be great. Thanks in Advance for your time and reply.

Txflute
 
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Remember, GC is for a future job. As long as your sponsoring employer is ready to give you a prospective employment letter in case of an RFE, you are very safe to join another company. I would, however, recommend talking to an attorney.
 
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Taka-digi,

Thank you very much for your time and reply. My company attorney is useless and she will get scared and she will not give proper direction. If I get an RFE, after showing prospective emp.letter, do I have to join my sponsoring emp. again after getting my GC?

Any links/websites would be appreciated.

Thanks again for your time and help.

TXFLUTE
 
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You are ok if:

- Your sponsoring company is willing to give you an employment letter indicating their willingness to offer you a job after you get the GC.
in case of an RFE.
- You have completed more than 180 days after your 485-ND.
- There is no risk of your sponsoring employer backing out of it later on when you need a letter from them.

If I were you I would wait till INS comes out with clear guidelines on 180 day rule.
 
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Pay stubs are asked primarily to confirm that the person is currently employed and will not be a public charge. Pay stubs from the other employer is fine as long as the sponsoring employer is ready to give you a prospective employment letter. For this, the 180 days rule (2045) does not apply. That rule, whenever it is implemented, doesn\'t even requirement you to continue with the sponsoring employer with the constraint that your current employment requires you to perform the same responsibilities for which your i-140 was approved.

The point is if your sponsoring employer is 100% ready to give you prospective employment letter in case of RFE, you are safe regardless of whether the i-140 portability rule (2045) is approved and endorsed by INS.
 
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Hi Taka-Digi and others, thanks for your replies and time,

Do you have any links/website/attorney\'s pages to know more about this issue. I checked some websites. Most of them warn about changing job within 180 days (even sponsor is willing to give emp.letter).

Thanks
 
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