change job within 180 days of filing AOS

G

gcissue123

Registered Users (C)
Hi,
My company filed for AOS/EAD during mid june 07, with a PD of 2003 in EB2 category. I am planning to switch my job asap to a new employer. I read many posts on this forum but certain things about AC21 are still unclear to me.

1) If I switch to a new employer within 180 days of RD of AOS, and luckily AOS approval stays pending for more than 180 days, then can I use AC21 after 180 days since RD?
(One of the posts on the forum mentioned some memo claiming that AC21 can not be used unless one sticks to original emp for 180 days notwithstanding whether or not 485 approval was pending for 180 days.)

2) If answer to (1) is yes, then what happens if there is an RFE issued or I get an interview call with INS officer within 180 days at the time when I am already with the new employer.

3) what I get laid off within 180 days? Can I use ac21 in that case even when 485 approval happens within 180 days.

can someone help?
 
gcissue123 said:
Hi,
My company filed for AOS/EAD during mid june 07, with a PD of 2003 in EB2 category. I am planning to switch my job asap to a new employer. I read many posts on this forum but certain things about AC21 are still unclear to me.

1) If I switch to a new employer within 180 days of RD of AOS, and luckily AOS approval stays pending for more than 180 days, then can I use AC21 after 180 days since RD?
(One of the posts on the forum mentioned some memo claiming that AC21 can not be used unless one sticks to original emp for 180 days notwithstanding whether or not 485 approval was pending for 180 days.)
--------------------------------- if you change employer now and employer revokes your I-140 then your I-485 will be denied. for AC21 your I-485 should be PENDING more than 180 days from the reciept date. at this time you are NOT eligible to use AC21
2) If answer to (1) is yes, then what happens if there is an RFE issued or I get an interview call with INS officer within 180 days at the time when I am already with the new employer.
------------------------if the employer revokes I-140 BEFORE I-485 is not pending more than 180 days then no Interview I-485 will be rejected
3) what I get laid off within 180 days?
----------------- if on H1 then find new job and new employer should file H1 transfer. GC is for future job. if employer revokes I-140, and I-485 not pending more than 180 days then you are NOT eligible for AC21
Can I use ac21 in that case even when 485 approval happens within 180 days.
------------------If I-485 gets approved within 180 days then work for the employer who filed LC or I-140 for 6-8 months after I-485 approval.AC21 can be invoked before I-485 approval and IF you are eligible. at this time you are not eligible for AC21 and dont think of changing employer.


can someone help?
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Thanks Ginnu.

My employer is not going to revoke I-140. what happens now we know that he is not revooking I140. Can I quit now and then even if 485 gets approved within 6 months or later, i am safe. True?
 
If the employer does not revoke your i-140 and your i-485 does not get approved before 180 days yes you are safe
 
Changing JOb within 180 days

I would say it's sort of taking risk, if you change the job within 180 days of
I-485 RD.

You can't send a letter saying you changed the job with in 180 days and using AC21 portability to INS. That means you are still with original employer in view of INS.

If you don't inform INS about your job change, What will you do if some sort of RFE or query goes to your original filing employer.

Will that original employer support you 100% saying that you are still working for him and will provide INS any information they needed???
 
Thanks for the comments. I am talking about the case when i switch within 180 days and luckily there is no RFE or interview, and my emp does not revoke 140. Seems to me I am safe in such case and I will get green card.
But will it effect anything during applying for US citizenship down the line?
 
gcissue123 said:
Thanks for the comments. I am talking about the case when i switch within 180 days and luckily there is no RFE or interview, and my emp does not revoke 140. Seems to me I am safe in such case and I will get green card.
But will it effect anything during applying for US citizenship down the line?
--------------if I-485 gets approved in 180 days and you were not eligible to use AC21 then you need to work for the employer after I-485 approval, who filed your I-140 and gave you permanent job offer letter that you sent with I-485. if you dont work it is fraud on your part getting GC and no intention to work with employer who filed GC and at the time of citizenship your I-485 file will be before the officer and he will ask you question why you did not work with employer who filed GC for you? what will be your answer? he can take action against you. for more info contact your lawyer
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Sorry to bother but my lawyer told me that I could quit within a week after getting my green card without any problems. 2 scenarios may happen for the case that you consider may be hard to explain during US citizenship.

a) That I quit within weeks of filing I-485 and join something else and green card comes thru with 180 days without any RFEs or interview.
Do you think this scenario will cause problem down the line?

or,

b) That I get green card within 180 days and quit within days of getting it. My lawyer says that this is perfectly fine to quit right after i get my green card. How much time you suggest one should wait after getting green card and please why?
 
gcissue123 said:
Sorry to bother but my lawyer told me that I could quit within a week after getting my green card without any problems.
------------------ wrong info.ask him to to give you written guarantee that you will not face any problems at the time of citizenship. It is fraud to get GC and next day quit and it means you never intended to work after getting GC
2 scenarios may happen for the case that you consider may be hard to explain during US citizenship.

a) That I quit within weeks of filing I-485 and join something else and green card comes thru with 180 days without any RFEs or interview.
Do you think this scenario will cause problem down the line?
---------------------------------------YES
or,

b) That I get green card within 180 days and quit within days of getting it. My lawyer says that this is perfectly fine to quit right after i get my green card.
---------------------wrong info
How much time you suggest one should wait after getting green card and please
-----------------Many Good knowledgeable lawyers say to work for 6 months OR get Fired after getting GC and keep the letter with you.
why?
-----------------GC is for future job and particular employer sponsored GC for you he intended to hire you and YOU intended to work with him at the time of filing I-485. If you don’t have intention to work with him after GC, why you asked him to sponsor the GC???
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--------------------- Here is info from our host and lawyer Rajiv Khanna


Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?

A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
 
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Thanks Ginnu for your input. From your post apparently it will be ok if i get terminated by employer. What are the acceptable grounds for firing as far as green card goee? can they simply say that employee was fired due to not doing his work in time (if i dont do my work in time)? I am afraid in my case non-availability of funds is not an issue with the company. Or what if they give me a simple letter saying my employment is terminated?
 
gcissue123 said:
Thanks Ginnu for your input. From your post apparently it will be ok if i get terminated by employer. What are the acceptable grounds for firing as far as green card goee? can they simply say that employee was fired due to not doing his work in time (if i dont do my work in time)? I am afraid in my case non-availability of funds is not an issue with the company.

Or what if they give me a simple letter saying my employment is terminated?
-------------------------that is OK(date on letter should be AFTER GC approval) and keep that letter till interview of your Citizenship, if any questions asked not working with employer then show that letter OR file for Citizenship AFTER 5 years 1 or 2 months from the date of GC approval.Citizenship application only ask for 5 years Employment history.
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Sorry I dont really understand. There are multiple scenarios here as follows and it seems to me that if employer terminates my job (My employer will not revoke I-140) then I should be ok in all of the following regarding green card for which AOS was filed in June.

1) My employer terminates my job now (<180 days) and I join another company. My green card comes thru in less than 180 days and therefore AC21 does not apply. What is the problem with this, I have already got my green card? It was the employer who terminated the employment not me after filing AOS, so I should be ok explaining it to anyone down the line.


2) My employer terminates my job now (<180 days), I join another company, and my green card comes thru in more than 180 days. In that case I am clearly ok as I can file for ac21. How do I handle RFEs to old company and interview however that may happen before 180 days? (Seems to me if I140 is not revoked, RFEs and interview are the only ways for INS to interfere with otherwise smooth automatic way of getting green card).

3) I resign from my job now (<180 days), I join another company, and my green card comes thru in more than 180 days. Can I use ac21 here?

4) I resign from my job now (<180 days), I join another company, and my green card comes thru in less than 180 days. You had said that this scenario will be problematic down the line about explanation about my permanent intent. But what does one do in such case? Do they return their green card as soon as they receive it in mail? If they ask for only 5 yrs f emply history later why should it be a problem if i apply for citizenship more than 5-6 yrs later (say 7 yrs down the line so that this part of emp history does not matter)?

Thanks for ur help!
 
gcissue123 said:
Sorry I dont really understand. There are multiple scenarios here as follows and it seems to me that if employer terminates my job (My employer will not revoke I-140) then I should be ok in all of the following regarding green card for which AOS was filed in June.

1) My employer terminates my job now (<180 days) and I join another company. My green card comes thru in less than 180 days and therefore AC21 does not apply. What is the problem with this, I have already got my green card? It was the employer who terminated the employment not me after filing AOS, so I should be ok explaining it to anyone down the line.


2) My employer terminates my job now (<180 days), I join another company, and my green card comes thru in more than 180 days. In that case I am clearly ok as I can file for ac21. How do I handle RFEs to old company and interview however that may happen before 180 days? (Seems to me if I140 is not revoked, RFEs and interview are the only ways for INS to interfere with otherwise smooth automatic way of getting green card).

3) I resign from my job now (<180 days), I join another company, and my green card comes thru in more than 180 days. Can I use ac21 here?

4) I resign from my job now (<180 days), I join another company, and my green card comes thru in less than 180 days. You had said that this scenario will be problematic down the line about explanation about my permanent intent. But what does one do in such case? Do they return their green card as soon as they receive it in mail? If they ask for only 5 yrs f emply history later why should it be a problem if i apply for citizenship more than 5-6 yrs later (say 7 yrs down the line so that this part of emp history does not matter)?

Thanks for ur help!
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Take 2-3 days time make list of ALL your questions then go to good lawyer and seek legal advice or one who has more than 1 hour to reply to your questions that keep on starching may reply to you.
Good luck!!
 
Lay off after filing I 485

If one is laid off from job after filing I-485 in less than 2 months and if company says will not revoke I 485 but can not offer the job,what are the options one will have.

Pls. reply asap.

Thanks,
Mercy1
 
mercy1 said:
If one is laid off from job after filing I-485 in less than 2 months and if company says will not revoke I 485 but can not offer the job,what are the options one will have.

1 Company or company lawyer cannot revoke I-485 it is YOUR petition
2 Company can revoke I-140. if comany revokes I-140 Before I-485 pending 180 days then I-485 will be denied, EAD AP become invalid.

** GC is for Future job(nothing to do with present job, one may be working with A and GC can be filed by B), if they fire you and you are on H1 then join new employer with H1 Transfer, if they dont revoke I-140 and your I-485 hits 180 days then you become eligible for AC21.
*** better to remain on H1 status(dont use EAD)
Pls. reply asap.

Thanks,
Mercy1
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One question left out is what if I-485 is approved in less than 6 months and original employer can not take you back. Is there any option left out?

Also anybody can give an idea how fast I 485 can be approved from receipt date?Can it happen in less than 6 months time?
 
mercy1 said:
One question left out is what if I-485 is approved in less than 6 months and original employer can not take you back. Is there any option left out?
--------------that is OK if original employer does not have job for you. keep the email or letter/fax that original employer has no job for you or he refused to take you back
Also anybody can give an idea how fast I 485 can be approved from receipt date?
Can it happen in less than 6 months time?
-I dont think at this time they will be able to approve in 6 months. you may also know how to delay the I-485 approval (search the threads)
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Thanks for the info. It is very helpful.

About delaying I-485 approval, I could not find any clues.

Can you give some more clarification on that.

Thanks,
Mercy1
 
Get Laid Off before 180 days

Gurus: I have my 485 pending since early April, 2007 and have an approved EAD card. If I get laid off next month (2mo before 180 days) then what are my options. Please shed some light. This is urgent.

thanks
am_var
EB-2, PD Apr 2002
485 RD: Apr 07
EAD-Approved
Awaiting 485 and AP
 
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