Recently changed job due to layoff after 485 pending way over 185 days, also, I am using EAD not H1B. Old company will not withdraw my application, however, INS hasn\'t released anything about the 180 days rule. My new employer asked me to file a new 140 to substitute the old one. Anybody has any knowledge about this? do I need to file a new Labor? new H1B? What will happen if I file a new I140, and at the mean time, the 485 gets approved or gets an RFE? Any idea is appreciated.
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changing job after 180 days
- Thread starter everest
- Start date
Bhanu Kuchibhotla
Registered Users (C)
No Title
I think you should apply for I140 redo and the I485 processing will still be continued.. According to pre-s2045 laws, since it was a layoff, it is not considered as abandoning the I485. The answers to your other questions totally depends on how much time you have left on EAD. If you have enough time where possibly you can get your I485 approved, you may not need new H1B. I am not familiar with EAD renewal requiring the letter from original employer... you might want check with an attorney, hwever.
Bhanu
I think you should apply for I140 redo and the I485 processing will still be continued.. According to pre-s2045 laws, since it was a layoff, it is not considered as abandoning the I485. The answers to your other questions totally depends on how much time you have left on EAD. If you have enough time where possibly you can get your I485 approved, you may not need new H1B. I am not familiar with EAD renewal requiring the letter from original employer... you might want check with an attorney, hwever.
Bhanu
Sunit kapur
New Member
No Title
Sorry to add to your question .
Why does he need a I-140 redo ? Can\'t we change jobs without
changing the process as per 2045.
Sorry to add to your question .
Why does he need a I-140 redo ? Can\'t we change jobs without
changing the process as per 2045.
No Title
Thanks for all the responses. I don\'t think EAD renewal requires old employer\'s letter. However, if my 485 is denied because of this change of job, I don\'t know what happens with the EAD. Can I apply a new H1B?
Bhanu, do you think in the pre-AC21 law, I can redo I-140? what happens if my adjudication is before the redo I140? My RD is 12/99.
Thanks for all the responses. I don\'t think EAD renewal requires old employer\'s letter. However, if my 485 is denied because of this change of job, I don\'t know what happens with the EAD. Can I apply a new H1B?
Bhanu, do you think in the pre-AC21 law, I can redo I-140? what happens if my adjudication is before the redo I140? My RD is 12/99.
Narayan Krishnamurthy
Registered Users (C)
No Title
Same question. I thought the new S2045 law allows you to change
jobs without re-applying I-140?
Same question. I thought the new S2045 law allows you to change
jobs without re-applying I-140?
No Title
As far as I know, you can not go back to H1B after you have applied for GC. One of the reasons that they give you an H1B is that you do not have tendency to immigrate to AMerica. But your I-485 application shows that you are trying to immigrate. That\'s why you can not go back to an non-immigrant visa after you applied for GC.
As far as I know, you can not go back to H1B after you have applied for GC. One of the reasons that they give you an H1B is that you do not have tendency to immigrate to AMerica. But your I-485 application shows that you are trying to immigrate. That\'s why you can not go back to an non-immigrant visa after you applied for GC.
No Title
By the law on the books as of today 03/05/2001 you can change jobs after 6 months of 485 as long as you stay with in the same industry or job or job category. I have copy of the law from my lawyer. I have checked with my lawyer called up other two lawyers too.
As I was with my client with 5 1/2 yrs and wanted me to be an employee and I have checked with lawyer of my new compnay and old company and their advice was same. I have written to many well known layer and the same information. However in my case I can prove that I was with same job all along so no problem for me. Pls check with your lawyer and then make appropriate move.
Thanks
By the law on the books as of today 03/05/2001 you can change jobs after 6 months of 485 as long as you stay with in the same industry or job or job category. I have copy of the law from my lawyer. I have checked with my lawyer called up other two lawyers too.
As I was with my client with 5 1/2 yrs and wanted me to be an employee and I have checked with lawyer of my new compnay and old company and their advice was same. I have written to many well known layer and the same information. However in my case I can prove that I was with same job all along so no problem for me. Pls check with your lawyer and then make appropriate move.
Thanks
No Title
Everest, I am in the exact same situation as you are. Do you work for a company based in Ohio?
I talked with my lawyer and they are not going to witdraw my I-140. I was laid off in good terms. My lawyer is renewing my EAD towards the end of this month. My only question that still doesn\'t have a convincing answer is that whether I can relocate to another city. Do I have to re-do my labor certification? If you find an answer let me know.
Thanks
Everest, I am in the exact same situation as you are. Do you work for a company based in Ohio?
I talked with my lawyer and they are not going to witdraw my I-140. I was laid off in good terms. My lawyer is renewing my EAD towards the end of this month. My only question that still doesn\'t have a convincing answer is that whether I can relocate to another city. Do I have to re-do my labor certification? If you find an answer let me know.
Thanks
No Title
Hello ,
How can you be so confident? I too talked to Rajiv Khanna on this issue and he said nothing has been clarified from INS? As of today if yo are denied on EAD you have to leave the country. If time is left on H-1 you may get a visa again.
We are all thinking positive but see the negative side of it too!
Mira
Hello ,
How can you be so confident? I too talked to Rajiv Khanna on this issue and he said nothing has been clarified from INS? As of today if yo are denied on EAD you have to leave the country. If time is left on H-1 you may get a visa again.
We are all thinking positive but see the negative side of it too!
Mira
Bhanu Kuchibhotla
Registered Users (C)
No Title
The law clearly says that you can change jobs and still retain I485 process but nothing has been mentioned about requiring or not requiring I140 redo. Hence, I think INS may take a stand to require I140 redo as INS has final jurisdiction over what has not been clearly defined in the enacted law. Hence is my view as well.
Bhanu
The law clearly says that you can change jobs and still retain I485 process but nothing has been mentioned about requiring or not requiring I140 redo. Hence, I think INS may take a stand to require I140 redo as INS has final jurisdiction over what has not been clearly defined in the enacted law. Hence is my view as well.
Bhanu
Syed Shahanawaz
Member
No Title
Interesting! since I was trying to do the same thing (switching jobs under the 180 day rule), I was told that the law has been passed but no guidelines have been set. I was told by my lawyer that I would have to wait until April (that\'s when they are expecting INS to come up with guidelineS) before I switch. Further more I was told that I would be jeopardizing my case if I went ahead by switching employers. I spoke to an attorney at Murthy\'s firm and was told that it was best to wait and then progress. I am CONFUSED!!!
Interesting! since I was trying to do the same thing (switching jobs under the 180 day rule), I was told that the law has been passed but no guidelines have been set. I was told by my lawyer that I would have to wait until April (that\'s when they are expecting INS to come up with guidelineS) before I switch. Further more I was told that I would be jeopardizing my case if I went ahead by switching employers. I spoke to an attorney at Murthy\'s firm and was told that it was best to wait and then progress. I am CONFUSED!!!
Syed Shahanawaz
Member
No Title
Not to challenge your statement......I have a friend who spoke to an IIO and was told that he would have to wait until INS clarifies the rule. I am not sure if you are talking about the law passed by the congress or the law that has yet to be interpreted by INS. I guess it\'s upto the applicant to decide what\'s best for her/him. I personally didn\'t think that it was the right choice/time to switch employers at this point.
Not to challenge your statement......I have a friend who spoke to an IIO and was told that he would have to wait until INS clarifies the rule. I am not sure if you are talking about the law passed by the congress or the law that has yet to be interpreted by INS. I guess it\'s upto the applicant to decide what\'s best for her/him. I personally didn\'t think that it was the right choice/time to switch employers at this point.
Bhanu Kuchibhotla
Registered Users (C)
No Title
Hello Zeedawg,
As I mentioned before, the law states that you can change jobs after 180 days. However, INS indicated to AILA that it is taking a stand that the rule only for I485 applications filed after Oct. 17, 2000. This is the reason behind the statement that IIO may be alluding to. Also, people who can change per INS standing at the moment, it is unclear that if INS will require or won\'t require a I140 redo.
Hope this clarification helps and I apologize if I caused any confusion.
Bhanu
Hello Zeedawg,
As I mentioned before, the law states that you can change jobs after 180 days. However, INS indicated to AILA that it is taking a stand that the rule only for I485 applications filed after Oct. 17, 2000. This is the reason behind the statement that IIO may be alluding to. Also, people who can change per INS standing at the moment, it is unclear that if INS will require or won\'t require a I140 redo.
Hope this clarification helps and I apologize if I caused any confusion.
Bhanu