change employer after 180 days.

[soclose]

Hi,

I485 RD:- 01/02
got EAD : 02/02

My company is filing for Chapter 11, but i am currently on a project. I know i can change employers.

My questions are:-
Do either my new employer or me need to inform INS\file any applications\forms (or is a letter of employment with a job desc, etc as per the LCA and W2 enough)?

Should i have my company give me a layoff letter or the fact that company is not processing my payrolls, etc enough ?

Will it be a problem if the salary is significantly higher (15% - 40%) than the amount specified in the LCA ?

 

[jaxen]

Answers

With pending regulations from INS in regards to AC21 memo, many lawyers advise a wait and respond attitude when asked about whether we need to inform INS about the job change (Yes those documents are enough)

A layoff letter will be useful, News item or copy of the notice of chapter 11 will also help. Some proof of the company initiating the process would help argue your case favorably.

No. Salary can be different. Job responsibilities are crucial.

 

[indianh1b]

I see a problem with this...please clarify

If <soclose> is changing employer after his company filed for Chapter 11 then:

he won't be able to show a strong intent of staying with the original employer. Won't INS see a problem with this? I mean, the purpose of his chap11 employer filing for his green card was to tell INS that soclose has a permanent employment with the company. chap11 doesn't show good intent is my point. Am I wrong?

The employer who files for GC should be alive all the way until he/she gets the GC. It's okay to change employers. The person is free a months after GC is obtained.

Jaxen, correct me if I am wrong, I am looking at this with logical reasoning.

 

[jaxen]

The failure on the part of the employer should not affect your GC . As long as you can show that a similar position exists with another employer , you should be eligible to take advantage of portability.
This is same as your employer laying you off...