Can I switch jobs now......? Consequences.....?

GCBoy

Registered Users (C)
Applied 485 in EB2 and has been 8 months.
Got 2.5 years more on H1-B

If I need to switch to Company B....

1. Does company B need to File H1-B ?
2. Would Company B have to start my 485 again?
3. What would be the staus of wife\'s EAD?
 
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For Ned,

Does the job switch have to be in the same geographical area from where the labor application was applied.
 
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Folks,

The law includes the provision of changing employers after 6 months (180days) after filing I485 application provided you maintain the same occupational classification mentioned on I140/LCA. This means you can change jobs NOW without having to deal with any delay tactics bcoz, it\'s law and it doesn\'t have provisions for DELAYS in it. As always the PRUDENT way to act on this is to consult with at least 3 lawyers and make sure you get at least 2 answers right. It may take the lawyers around 2 weeks to get answers from INS on specific client issue to resolves any ambiguities or to find loopholes in the law. I have done some research on this and here is my analysis.

Look at the occupational classification code in LCA/I140. The web site to check the occupational classifications for this code for your state can be found on www.dol.gov. Actually you have some searching to do and try searching for "Occupation Classification" and then try refininf the search for your profession and your state. I have computer related classification for New york if you guys
    need it. Make sure that what ever jobs you are planning to switch falls in the same code and you should be fine.
Bhanu
 
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According to Ron Gotcher, Immigration attorney comments:

"If you have filed for adjustment of status, and you have waited at least six months without an adjudication, then you may change jobs or even change employers (no matter where), and your I-140 will remain valid. The only limitation is that the new job must be in the same or a similar occupational classification."

Bhanu
 
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After changing the employer (after 180 (calendar/working) days of (Receipt/Notice) date of 485), what is the procedure? Do we have to inform INS about the change of employment or they will send an RFE for an employment letter? How does INS will come to know about the change of employment if they approve the 485 application with out an RFE?
 
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Good point, it is calendar months and definitely not working days (working days which could amount to 8.25 months as you calculated). So, it\'s calendar 6 months.
 
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These are some of the answers that I am trying to get from the lawyers currently. The answer that I got so far from them is that they are waiting for legislative text of the bill to decipher the answers or else they will get in touch with INS for answers.
 
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