changing jobes after replying to rfe - any advice

V

vsko

Registered Users (C)
Good Day Everyone:

On March 11 the CSC issued and rfe for both my I485 and my wife's I485. Our company's lawyers neglected to tell us, we didn't get our reply's in until I checked the case status and got everything to them on April 21.

Also my wife's I485 is based on her own individual labor certification, not as a dependent on my (we got married after the LC process was three years underway, and which took SIX YEARS for me to get an approved LC by the way.

Here are my questions for discussion:

I am considering changing jobs shortly. Does anyone think that this will put my I-485 approval in danger if the adjudication comes in the near future?

My job may be out away from the SF Bay area, and my wife will not be able to find a similar job in the new town. Obviously this will put her 485 adjudication in danger, but we could file a new I485 for her that is dependent on mine. Would this be a very unwise thing to do, as we just replyed to an RFE.



WAC 03128xxxxx
ND March 18 / 2003
I140 Approved - Can remember right now but about June 03
1FP May 30 / 2003
RFE March 11/2004

RFE Reply recieved April 21/2004
 
Sorry about that. I pressed return to go to a new line and it posted my half finished message. oops.

One final question:

My companies lawyers think that the RFE is a political ploy and told me not to expect any approval for at least a year. My own second opinion lawyer says I should expect to hear something within 60 days.

Anyone expect that I (and my wife) can expect approvals anytime soon? I could turn down the new job if it helps me and my wife get those GC's!

Thanks everyone for their advice and opinions

WAC 03128xxxxx
ND March 18 / 2003
I140 Approved - Can remember right now but about June 03
1FP May 30 / 2003
RFE March 11/2004
-1040 for 3 years
-3 paystubs
-EVL
RFE Reply recieved April 21/2004
 
vsko,

1. If you have spent 180 days after filing 485, then there is ABSOLUTELY no problem if you change your job.
2. It doesn't matter if you have received a RFE, since you have already replied to it, all the more reason to change jobs.
3. I would go with your second lawyer's opinion, sounds valid, as you can see from Project Kashmir Scans there are 148 approvals for 03 in the past 3 days. Which means you have a HIGH HIGH chance of approval in the near future for your wife and yourself.
4. It is better to change jobs before approval as compared to after approval since you are covered by AC21 now and after approval you have to display intent to stay with sponsoring company.

I hope the above answers all your questions. Please search the archives for more detailed explanation of your situation.
 
140_takes_4ever

Thank you for your advice. Your advice sounds much like what my second lawyer told me. Any idea how long after an approval I should work at my current job to demonstrate intent. My lawyer also mentioned this, but didn't say how long. He did say that getting laid off after an approval would be fine (a distinct possibility I'm afraid)

My wife is on unpaid maternity leave. My lawyer also said it would be a good idea for her to go back to work for a while before quiting her job. He said that not doing so could cause problems later when we apply for citizenship. Do you concur?

Thanks again.
 
vsko,

1. Intent is a matter of personal interpretation, but for all practical purposes, 3-6 months (used to be 1 year before) after approval will demonstrate intent.
2. If you do get laid off after approval, that is the best scenario as far as demonstrating intent.
3. Your lawyer sounds conservative, and I mean that as a complement. He sounds very smart, sharp, and seems to have covered all your angles. I like that in a lawyer. He seems to be giving you good advise.

Personally, my advise to you is to do the following:
1. If you have another job offer open where the job profile matches my current one, I would switch in a heartbeat, specially if all the other circumstances are good. Without any worry as far as 485 approval is concerned, because if the job title matches, AC21 takes care of everything. (In this job market jobs are difficult so you don't throw away the one's you have)
2. File for dependent 485 for your wife ASAP. You never know when your approval will come, and if you don't do it ASAP then it might just come before you have the papers ready and your wife won't be able to quit her current job.
3. As your wife is going on maternity leave in any case, take long term disability and KEEP her current job, even if it draws no salary.
4. If your approval comes in the near future, FAX an inquiry to INS for your wife and ask for humanitarian assistance in approving her case at the soonest.
5. In the interm that your wife is on disability she can look for other jobs around your new residence and hopefully in 6 months she should get something.

Now I don't know your entire situation, so the above has to be taken with a pinch of salt. Between your lawyer and you, I am sure you will come up with the best action plan. Use the above only to get alternative pictures while you decide.

Good luck on the 485 and more importantly on becoming a father. :)
 
I asked my attorney the EXACT same question i.e. can I change jobs after replying to the RFE. His answer - don't do it !

After evaluting the upside and comparing it to the potential risk, I agree with him. The best thing to when you are SO CLOSE to getting a GC is to play it safe. It taked approx. 3 months for a GC interview after replying to an RFE. You might as well stay in the job, go for the interview, get the GC, then in the job for another 6 months and do anything after that.

SK
 
Firstly, thanks for the interesting discussion. I appreciate all the comments.

My Lawyer sounded confident that it would be safe to change jobs before any approval as long as I get a letter with the job description and necessary evidence from the new employer.

However, he felt that my wife's situation could pose a problem. Our various milestones in the process seem to be progressing together (she also received an RFE on March 11), so could possibly see an approval withing the next 60 days. If we were to move away and she had no job when the case is adjudicated, it would spell trouble. Currently she is on leave from work taking care of our baby, but is planning to return to work later this year, if we don't move.

Over the last 7 years I have been working to get a GC, I never even considered that I would have to keep working for the sponsoring company after I became a permanent resident.

As far as demonstrating intent, getting laid off after an approval is obviously good (from the intent point of view), but what about being let go or fired, but not along with a general reduction in workforce? Also, would the time my wife is on leave in some way contribute to her six months after he approval.

Any opinions are appreciated. Of course on matters this important I'll get professional advice when the time comes. I can also let anyone know what that advice is, if they are so interested.

Thanks All.
 
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