Can i change the job before 180days of i485(i140 approved already)

S

sank

Registered Users (C)
Hi.
I filed i485 & got receipt,notice date being Oct 2002.
My employer is having difficulties in placing me at the client side.
My i140 approved already.

Can i change the job before 180days of filing of i485. Will it affect my GC Processing. Do i have to inform INS while changing job.
What happens if we don't inform INS.

After working in new company for few months, Then i decide to switch back to GC Sponsering company to start work for them(before GC Approval). Can i Do So?

One more Question apart from above:

Can i work for the company with whom i was before starting my GC.

Thanks
 
sank,

It will be advisible that you DON'T Change your job prior to 180 days if you can help it. There have been cases where people have changed jobs prior to 180 days expiring, and on RFE sucessfully defended themselves (ref: www.Murthy.com). In case you do switch jobs and if you are RFE'ed, you will have to show that you made a good faith attempt to work with GC filer but they couldn't place you and hence you moved.

But all things said and done, it is too much of a hassle, instead it will be better to just wait out another 2 months, if you want to switch jobs. I think it is better to be safe than sorry in these cases.

With regards to switching jobs back to the new company, there shouldn't be a problem, but instead it might be better if you just take a leave of absence from company A, work for company B and then go back to A.

Offcourse consult your lawyer, to make sure of the legality of your steps.

Good luck!
 
Hi 4Ever,
Thanks for your reply. I have got one more question.
I first started working with company 'A'. Then i moved to company
'B' (GC Sponsering company). Right now I am working for company 'B'. After 180days of i 485 can i join company 'A' back.

Whiling filing GC, I have included company 'A' experience.
Is there any problem in joining company 'A' again. They have got
good marketing than company 'B'.

Thanks
 
Sank,

Shouldn't matter where you work, as long as you can produce a letter of employment and 6 paystubs when you get your RFE.

If possible try staying with company B for the 6 months after which you will fall under AC21. Also, get some expert lawyer advice, try going for an aggressive lawyer who is willing to fight the INS tooth and nail, if you current lawyer refuses to do so.

Good luck!
 
Important Question abt my Job

Hi 4Ever,
I have few question about my Job. Upto Dec 2000
I worked in a client place through my consulting company(who sponsers GC Now).
On jan 2001 i got laid off by client. My comapany paid pay check for jan 2001. After that they stopped paying& did not find the project after that. . They started my labour on mar 2001 . it got cleared on sep 2001.

Then i went back to india on sep 2001. They started my i 140 on sep 2001 & got cleared on Apr 2002. I returned to USA on August 2002 & filed i485 & h1B extension.

While filing i485 I have included W2 & tax return of 1998, 1999, 2000, 2001. W2& tax return of 98,99,2000 are perfect.
My Question is i was out of USA for 1 year & also in 2001 I earned
only Jan (only one month). I filed tax return on 2002 for just one month (jan 2001). Will i get any RFE why i was out USA for 1 year & why you earned just 1 month on 2001. if asked what i can say.

On Dec 2002 i got pay stub for that month. I did not get pay stub for sep,oct,Nov 2002. hence i can file my tax return on jan 2003.

if i get RFE , will INS ask about W2 of 2002 & There i earned very few. My LC salary 64k. when INS looks at total income for 2001, 2002 it is very less.

if i change the employer after 180 days of i485, if i get RFE about
previous income & then i can tell that they did not find project
That is why i changed the company. & Also i can show up pay stub
of new employer. Since usually INS looks into health of company,
changing the company will help to overcome any RFE.

How i can react if i get any RFE. Plz advice.

Thx
 
Sank,

It shouldn't matter that you went to India during the processing of your green card. Your Green card is basically for future employment not current.

As far as RFE is concerned, yeah it is good if your company can show strong financial presence and the ability to pay you the salary stated on your labor certificate. By all means change your company after 6 months if you feel that the new company is better, AS LONG AS the Salary and job description matches. The closer the match the better it is.

And you are right on the fact that, the inability of your current company to keep you gainfully employed is reason enough to switch companies, though I wouldn't quite use that excuse unless they were paying you the full salary while you were on the bench.

Good luck!
 
Hi 4Ever

Hi 4Ever,
Thanks for your Reply.
Here is few more things happened in 2001 & 2002 in my life.

In 2001 I had family problem with my wife. That is not the reason for which I did not get job on 2001. Job Market started to shrink. She left to India in May 2001. After trying for job here , i left to india on Sep 2001. In India She filed divorce.
Divorce Case ended on July 2002. & We got separated thro Divorce. Then I returned to USA on Sep 2002. That is why i stayed in India for 1 full year. Will INS accept all these reasons.
If i explain them all, What will be the feedback from INS in the case if i get any RFE on regarding low earning on 2001 & 2002.

Thx
 
Sank,

485/GC is not for current employment. You need not even be in the United States while your application is being processed. You don't need to give any explanation for low income years. Just say you were out of the country due to a family emergency etc. I am sure your lawyer will come up with a pretty good explanation.

Don't sweat it. You are okay as long as you can reply to the RFE (which you might not get), which will mostly be for salary stubs/employment letter/academic records (maybe?)/experience certificate, as long as your stay is legal, you haven't been out of status ever. Don't get into the super personal details like family etc. while replying to that rfe.

Good luck!
 
Hi,

My 485 was filed 4 months before.

RD 10/21/02

My 140 and 485 was filed together. 140 approved by Dec 10th. Also I received EAD and AP for myself and my wife.

Can I change job after 180 days if 140 and 485 are filed together?

Thanks in advance
 
Originally posted by 140_takes_4ever
Sank,

485/GC is not for current employment. You need not even be in the United States while your application is being processed. You don't need to give any explanation for low income years. Just say you were out of the country due to a family emergency etc. I am sure your lawyer will come up with a pretty good explanation.

Don't sweat it. You are okay as long as you can reply to the RFE (which you might not get), which will mostly be for salary stubs/employment letter/academic records (maybe?)/experience certificate, as long as your stay is legal, you haven't been out of status ever. Don't get into the super personal details like family etc. while replying to that rfe.

Good luck!
Click to expand...

But if you go thru the 495 route, dont you have to be in USA, especially when you need to get the FP done?
 
You must log in or register to reply here.
Top