changing job between states

xyz_999

Registered Users (C)
Hello,
How much delay should I expect in approval of my I-485 in case of job change from NC to MI? Did anyone have the same experience. I guess I somehow move my application from TSC to a new service center.
Any information will greatly be appreciated.
Thanks,
 
xyz_999 said:
Hello,
How much delay should I expect in approval of my I-485 in case of job change from NC to MI? Did anyone have the same experience. I guess I somehow move my application from TSC to a new service center.
Any information will greatly be appreciated.
Thanks,

Check out the AC21 forum. Your application will be adjudicated at TSC only. You will need to file your change of job details through your new company lawyer to ensure you preserve your priority date under portability - if I-140 approved and I-485 pending over 180 days.
 
Hi In_durham,
Thanks you very much for the reply. I assume you live in Durham, NC. I am in Raleigh, and your dates are close to mine. I140 is approved, and I485 is pending more than 180 days.

1. Did you mean that I do not need to apply to a different service center.
2. Can my current lawyer continue to work with me?
3. How often does these kind of job change occurs and is there any risk?
4. I got RFE on my I485 3 weeks ago and there might be a chance that my I485 might get approved, if I switch to new job just before or just after the approval, do you see any problem?
Thanks,
 
In_Durham, I am also contemplating the use of AC21, but I want to keep the same Firm (Attorney) representing me now. That should not be any issue there.. you think??

XYZ_999,
A1, You dont need to apply at different service center. You send the letter to current service center. If they re-route to a defferent service center .. tough luck... Usually they will adjudicate it.
A2, I have the same question.. I believe they can but lets wait for 'In_durhams' reply or any other subject matter guru.
A3, Lot of people have used it.. It will definitely raise RFE and they will interview you before giving GC approval.. but if you are complying with the statutes then it should work well.
A4, If I were in your situation, I would wait to get the approval.. as it seems so close.. You can use AC21 to switch to new employer but before you get the GC.. once you get the GC, you should work for the company for atleast 6 months (conservatively speaking).. This is what everyone advices if you dont want to deal with rought weather down the road.
 
hopefull1 said:
A3, Lot of people have used it.. It will definitely raise RFE and they will interview you before giving GC approval.. but if you are complying with the statutes then it should work well.

Not really
Out of 35 cases I counted from my Ex-company( eventually all scattered allover US after layoff) only one case got the RFE. No transfers.
All Informed about the job change with AC-21 letters
 
Thats awesome. Thanks for sharing the info tammy2... if you have more details as to how they (you) went about doing it .. that would help...
 
xyz_999 said:
Hi In_durham,
Thanks you very much for the reply. I assume you live in Durham, NC. I am in Raleigh, and your dates are close to mine. I140 is approved, and I485 is pending more than 180 days.

1. Did you mean that I do not need to apply to a different service center.
NO
2. Can my current lawyer continue to work with me?
YES
3. How often does these kind of job change occurs and is there any risk?

No, there is no risk provided your new job function is as specified or close to what is stated your labor certification.
4. I got RFE on my I485 3 weeks ago and there might be a chance that my I485 might get approved, if I switch to new job just before or just after the approval, do you see any problem?
After approval could be a problem since portability through AC21 applies prior to adjudication. One is expected to stay with sponsored employer for at least months after GC approval.
Thanks,
 
Same lawyer is good. Alternatively you can file AC21 through new lawyer but maintain your G28 for I-485 petition. AC21 does not require one to "file" but USCIS will appreciate an AC21 filing and will cause one not to get RFE/EVL later on. Remember to include a couple of pay stubs and a letter of offer of "permanent employment" or "continuing employment" along with AC21 filing.



hopefull1 said:
In_Durham, I am also contemplating the use of AC21, but I want to keep the same Firm (Attorney) representing me now. That should not be any issue there.. you think??

XYZ_999,
A1, You dont need to apply at different service center. You send the letter to current service center. If they re-route to a defferent service center .. tough luck... Usually they will adjudicate it.
A2, I have the same question.. I believe they can but lets wait for 'In_durhams' reply or any other subject matter guru.
A3, Lot of people have used it.. It will definitely raise RFE and they will interview you before giving GC approval.. but if you are complying with the statutes then it should work well.
A4, If I were in your situation, I would wait to get the approval.. as it seems so close.. You can use AC21 to switch to new employer but before you get the GC.. once you get the GC, you should work for the company for atleast 6 months (conservatively speaking).. This is what everyone advices if you dont want to deal with rought weather down the road.
 
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