Changing jobs during 485 - unusual question

S

spancha

Registered Users (C)
I am interested in finding out if anybody else who has done 485 application through the L1A (Intl. Manager) route has got further info on changing jobs - the interpretation I have heard is that since the 140 has a very narrow definition - i.e. management position in a particular company due to having worked in the overseas office of the same company, it is impossible for somebody in this category to ever work anywhere else till the entire process is complete - there is no \'same or similar occupation\' - so such an applicant can never work at any other job during the pendency of the application, whether with an EAD, or through the still-unclear 180-day rule.

Any comments?
 
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I am also in the similar position where Co. wants me to trf back to India. I dont know what to do! My 485 has been filed on Apr 13, 2001 and got the receipt recently as the ND being May 22, 2001.

Pls share if anybody has similar exp.
 
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You guys need to make sure that your company does not withdraw your I-140 and at the same time keeps you on payroll for the duration of your stay in India. That way u can atleast ensure your GC approval
 
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Thanks, Helper007. As per the new Law, Employer cant withdraw I-140 once it is approved. I have not applied for AP as I have L1 visa approval upto the year 2003 and I am going to continue in Indian payroll. So, once I travel now, can I come direclty at the time of GC approval? Hopefully I should complete FP before I leave US. My RD is 04/13/01 and ND is 05/21/01.
 
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If you have the option of going back to India, you should probably opt for Consular Processing - it may not take all that much longer.

My situation however, is different - I am safe with the employer - they will keep me on payroll till the 485 is approved - but I am forced, in the interim not to take up any other job, because there is no same or similar occupation in the context of my 140, because there was no Labor certification.
 
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