changing job on 181 st day

Attn Mr. Mills

Could you please tell us what exactly are the two "rules" that these service centers currently follow?
Also, does the 180 days refer to 180 calendar days or 180 business days (as is usually the case for almost everything INS does)?
Thanks
 
What should I ask my previous employer to do

Hi everyone,
I have read many postings that say the if the employer supports you, than the job change after 180 days should not be a problem. I am wondering what does this support means.
Should I ask my previous employer to keep quiet and do not inform anything to INS, after I change job.
Should I submit a letter of resignation to him.
Please help as to what should I ask my previous employer to do, after my job change
 
no need for them to support you

Using AC21 you can start working for your client. No need for support from your previous employer. But better to leave in good terms because if they want they could create problems by writing to INS. Using AC 21, your case would be approved, But you will defenitely get an RFE if you previous employer writes to INS about your termination.
If your employer is not ready to leave you, then you may have to take a tough stand and leave thats all. Legally i am sure you will be fine as 180 days are over after filing for 485. As jim says implementing regulations may make all service centers to ask for proof that you worked with the sposoring company for 180 days.But defenitely job change will be allowed in whatever way they interpret AC21. so try taking a releaving letter and keep the pay slips with you.
 
Hi All Need urgent help < 180 days.

My employer terminated me on 15th feb. My reciept date is 14th nov 2001. 180 days will be completed on 14th May.
Now I got an offer with similar position. My old employer will not inform INS regarding my termination and will not create any problem on my ongoing GC. My question is :
1. Can I join the new employer even before 180 days. ?
2. I already have my EAD card so can I work as 1099 employe and join the new employer after 180 days as a ful time employee. ?
3. Will INS California ask for pay stub for 180 days from the GC sponsered employer.
Please help Thanks
According to Carl Shusterman chat :
Termination is probably the clearest case where the
180-day portability rule controls. Although the statute does not
specifically provide, case law imposes an &quot;intent&quot; requirement on most applicants for adjustment of status under the employment-based
categories. If you are terminated from your job after filing Form I-485, for any reason, it is clear that the change of jobs was beyond your control and not because of a lack of intent on your part to work for the sponsoring employer indefinitely. Nowhere in the law does the location of your new job become relevant.
 
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