Can INS revoke I-485 if its approved without change of employement letter?

A

AmanAshraf

Registered Users (C)
Hi folks,
Last month, I joined new company. My old company\'s attorney asking if my new company\'s lawyer has send a letter to INS stating job position, job description and salary. She said if my I-485 gets approved without that letter, INS may cancel my green card later.
 
AC21 memorandum Section 106(c) of 06/19/01 states:
  
In instances where the applicant no longer intends to be employed by the employer who sponsored him/her on the I-140, the Service should request a letter of employment from the new employer. The letter from the new employer verifying that the job offer exists should contain the new job title, job description and salary. This information is necessary to determine whether the new job is in the same or similar occupation and to determine whether the alien is admissible under the public charge ground of in admissibility at INA Section 212(a)(4). To determine whether a new job is in the same or similar occupational classification as the original job for which the certification or approval was initially made, the adjudicating officer may consult the Department of Labor\'s Dictionary of Occupational Titles or its online O*NET classification system or similar publications.
 
My 180th day was Aug 24, 2001 and my new company filed my H1 transfer on Aug 29, 2001 to avoid any possible risk. I started my new job on Sep 12, 2001. My new company\'s lawyer hasn\'t any letter to INS as yet.

Is it true that INS has right to revoke the application even after its approved. Let me know if I need to send anything to INS to keep the case smooth.

Thanks in advance.
 
same boat

company asset is acquired, the new employer want to file H1 transfer, but I insist to use EAD although I am still waiting for it. I will get iEAD this week and join the new company. I don\'t know if filing H1 will affect the 485 although it\'s over 180 days. What did your lawyer say? I asked couple lawyers in the internet chat room, they said it\'s not REQUIRED. I remember somebody says it\'s a \'should\', not a \'must\' in the AC21 law. Please email me at stamy_ye@yahoo.com if you have any information, thanks.
 
No Title

Talk to your respective lawyers. If you end up having an interview at the local office somebody will have to explain to the INS why you chose one way or the other.

This matter is too important for you to rely on unreliable information from public internet boards. Also securing proper support for an eventual interview is more important than the information itself. Think of it as an insurance policy.

Just my 2 cents.
 
I am in the same boat

I\'ll be joining new job next month using EAD, 180 days over.
My attorney says to send a letter to INS reg. the changes.
 
Is there a time limit to send the letter?

Is there a time limit to send the letter? I know that if you have to send a response to rfe, you get some time ( 78 days? )
 
No Title

If you see AC21 memo, it says:

In instances where the applicant no longer intends to be employed by the employer who sponsored him/her on the I-140, "THE SERVICE SHOULD REQUEST A LETTER OF EMPLOYEMENT" from the new employer.

What do they mean by sevice? INS?
 
No Title

Hey Guys, I\'m in the same boat. Lets stick together and come up
with a good solution to this problem.

My lawyer is conservative and said it is best to tell INS
just incase they deny the case because I didn\'t follow the
memo.

Your suppose to send the letter as soon as your intent changes.

We plan to tell the INS and file the H1 transfer
on the last day of my current job. I plan to join
on an EAD card but the H1 is an insurance policy.

Can the INS take the Green card back after it is approved?
If they bother to investigate it, they may. But they are so
busy with other cases they probably won\'t even look at your case,
until it comes time to get naturalized (ie. become a citizen).

My lawyer says that some of her clients had their green cards
revoked (for status violations) only when they try to become
citizens. The citizenship process involves a detail look at your
past.

Bongo
 
No Title

My new company\'s lawyer as well as David Sturman both agree that I am not suppose to send any change of employment letter to INS until they request. This may unnecessarily jeopardize the case.

As I pointed earlier, AC21 memo says the "Service" should request a letter of employment from the new employer.
 
Hope this helps

4. What is your opinion and experience on the INS memo that explains the procedure for changing employers after 180 days.
                        Should one tell or not tell the INS of the change of employer? Given the huge INS mail back logs an interesting situation may arise. Suppose I change jobs and tell the INS. Chances are the I-485 will be approved by the time they open my mail. What happens then. Will the case be re-opened?

 Attorney: In light of the fact that the interim regulations say to do so, you certainly should notify the INS of your change of employers.

source: http://www.usvisanews.com/wedquest102401.html
 
Guys, it all comes down to how conservative the laywer is

Gerda Bob posted a question that I asked Jose Latour (usvisanews).
Both Jose, my lawyer and quite a few others ones are conservative
and say, "send the letter". Others that are more aggressive, say
wait for the INS to send an RFE.

The question we need to answer is:

If we do not send the letter, will the INS deny the case
because we did not follow their memo.

That is the question we need to get an answer to.

Though the memo says the INS will issue an RFE if they believe
we changed employer it also clearly states
they expect the applicant to inform the INS once
their intention changes to no longer work for the company
stated in the I140.

The INS memo is somewhat confusing.
 
This is my plan.

My last day of work is mid November.

I\'m going to try to contact the INS and see
if my case is assigned to an officer. If it is,
then I won\'t send letter as he/she will never get
to see it.

If it is not assigned to an officer I will send it
because:

a) Lots of people from my company have received
   requests for interviews
b) Due to the recent spat of RFE\'s

it is better to be safe.
 
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