changing jobs while I-485 is pending. some questions?

[abouttime]

hi folks,
I'm thinking about changing my job and this is where I stand:
I-140 approved: 03/30/04
I-485 ND (concurrent): 04/07/03

Come 09/26, it would be 180 days since my I-140 had been approved (I assume 180 days includes weekends and holidays as well, correct me if i'm wrong). So, I think I should be okay shifting my job (even going by the conservative interpretation of AC-21). However, my EAD expires on 03/30/05 and hence, I'm not sure if I'll be okay doing this.

i. When I shift my job, do I need to apply for a H-1B transfer?
ii. Is it not required but safer to do so?
iii. Can I move to a different state altogether and take up a different job (say, one level higher than my current position, Soft. Engr IV instead of III)?
iv. If the cost of living is higher in the new city and I get paid more, would that be a problem?
v. Finally, is it safer to do this or is it advisable to stay put for a few more months till I get my AOS approval?
vi. Anything else that I should be aware of?

Thanks!

 

[Jharkhandi]

i. Not if you are going to use EAD.
ii. It is not required. Safe - people have different views about it. EAD gives you ease of changing jobs compared to H1b visa, but then you are in loop for renewals.
iii. Taking a job of different category is not that you are allowed to do, while under process of GC.
iv. Getting paid more is not a problem unless you cross a limit which qualifies your job for a different category altogether. Salaries 30% higher than one specified on LC have got approved.
v. As long as job nature is same, it doesn't matters where you work.
vi.

 

[ETA-GC]

hi folks,
I'm thinking about changing my job and this is where I stand:
I-140 approved: 03/30/04
I-485 ND (concurrent): 04/07/03

Come 09/26, it would be 180 days since my I-140 had been approved (I assume 180 days includes weekends and holidays as well, correct me if i'm wrong). So, I think I should be okay shifting my job (even going by the conservative interpretation of AC-21). However, my EAD expires on 03/30/05 and hence, I'm not sure if I'll be okay doing this.

i. When I shift my job, do I need to apply for a H-1B transfer?
ii. Is it not required but safer to do so?
iii. Can I move to a different state altogether and take up a different job (say, one level higher than my current position, Soft. Engr IV instead of III)?
iv. If the cost of living is higher in the new city and I get paid more, would that be a problem?
v. Finally, is it safer to do this or is it advisable to stay put for a few more months till I get my AOS approval?
vi. Anything else that I should be aware of?

Thanks!

The 180 days is how long the I-485 has been pending (not just since the I-140 was approved) so you should be in the clear now as far as that goes (yours has been pending for well over a year now).

(Not important in your case but I'm not sure whether the 180 days is working days -- anyone thinking of cutting it that close would be well advised to make sure.)

You can try to transfer the H visa if you want. Alternatively, you can start using your EAD (and get AP if you plan to travel). The EAD may make you more attractive to potential employers since you can say that you are ready to start immediately (the H would require the company's involvement). You can renew the EAD yourself as needed (do this at least 3 months before it is about to expire).

The advantage of using the H is that you can continue to work if the 485 is denied and you have valid H status. The disadvantage is that you will be using up your 6 year limit for H status.

Under AC21 the jobs are supposed to be "similar". It's unclear how liberal the USCIS will be when comparing jobs. I'd assume that reasonable changes to your salary would be fine. Expect to get an RFE if the change is significant and be prepared to demonstrate that this is because of cost of living etc. and that the job is essentially unchanged.

The location shouldn't matter. In fact, under the EAD you can work anywhere doing anything -- it's only for the GC that you have to show future employment which matches the job description on the original LC / I-140.

Of course, strictly speaking, it's safer to wait as far as the 485 goes but as long as the new job is similar enough you should be ok. I personally wouldn't switch jobs unless I was positive that it is similar enough. That said, if your current job is at risk, you may be safer overall switching to a new, more stable job since your 485 will be denied if they determine that you are unemployed at the time that it is processed (although some have said that RFEs to verify employment aren't all that likely, I don't know for sure). With your ND, it sounds like you could be approved in as little as a couple months or sooner (assuming your FP is current) but there's probably a non-zero chance of it taking 6 months or longer.

ETA

 

[abouttime]

thanks a lot, guys!

ETA-GC: I got my finger printing done on May 29, 2003 and got my second notice last week. I've the appointment on 09/21/04. Can I expect anything (nice, ofcourse!) soon after that? I mean, do they have anything to do with each other?

 

[ETA-GC]

thanks a lot, guys!

ETA-GC: I got my finger printing done on May 29, 2003 and got my second notice last week. I've the appointment on 09/21/04. Can I expect anything (nice, ofcourse!) soon after that? I mean, do they have anything to do with each other?

Who knows ? There have been a number of approvals for cases with a similar ND to yours recently so its possible you could be approved soon. Or, you could end up joining the many who end up waiting for 2-3 years for no apparent reason.

I'm in a similar boat -- ND of 10/23/03, just did FP1, but from what I can tell it could be anywhere from 2 - 13 months (or longer) before anything happens.

Be optimistic but also plan for the worst-case scenario...

ETA

 

[RVS2004]

Hi,

My wife got a FP notice. Could you please any one let me know what are the documents need to be produced at the time finger printing.

One more thing is that my wife received FP notice at my previous NJ address. We are now in NC. I sent AR-11 form to Homeland Security, but one of my friends told me that it will not update the address change in INS records even thougu I sent AR-11 form. In this case do I need to request to INS to send fresh FP notice to the new NC address so that my wife can attend for FP at NC office. Please suggest me about this.

Still I am waiting to receive FP notice for me(I am primary)

Thanks
RVS2004.

 

[ETA-GC]

Hi,

My wife got a FP notice. Could you please any one let me know what are the documents need to be produced at the time finger printing.

The FP notice should list this but if you have a driver's license and passport, you should be fine.

One more thing is that my wife received FP notice at my previous NJ address. We are now in NC. I sent AR-11 form to Homeland Security, but one of my friends told me that it will not update the address change in INS records even thougu I sent AR-11 form. In this case do I need to request to INS to send fresh FP notice to the new NC address so that my wife can attend for FP at NC office. Please suggest me about this.

Your friend is correct -- AR-11 is to keep the Homeland Security people happy and doesn't update the address for pending cases at the USCIS. You need to phone them at 1 (800) 375-5283 to do this. At the same time you can ask them what to do about the FP notice...

ETA