Concurrent filing - Job Change - pls advise

R

RaviSimi

Registered Users (C)
Hey guys

I should be among the first few here to ask this questions - my lawyer is unsure herself.... so I am basically feeling around...

I applied for I-140 and it just got approved -
485 was filed in August..got an iEAD - not the actual one yet..
So its been 6 months already since filing of 485.

Now the question is - can i change jobs? beter yet, can I start my own business? I know the employment letter has to state the same job description/salary as Labor and this may be a toughie.....

My lawyer is unsure if the person has to wait 6 months after I-140 is approved or it is only 485 being filed....

any thoughts folks?

Thanks

Ravi
 
got an iEAD ? You mean EAD right ?
You can change job after 6 months from 485 filing & should be working in similiar job ..It's funny, your lawyer is not sure about it .. Then what they for ?
 
Yes EAD - which is Interim that I got at INS in San Jose.. have not gotten the actual one from Laguna Nigeul yet..but this is as good I suppose.

485 - 6 months are almost over... however, it seems that the rule may be shady for Concurrent filing people.. because initially you file I-140 get it approved and then file 485 and wait 6 months..for portability..

In this case, I filed I-140 and 485 together, well almost - so lawyer is not sure whether it is after 6 months of 485 filing but do we have to wait for 6 months since I-140 has been approved.. my I140 has been approved only this week.... that is the confusion..

Thanks!

Ravi
 
RaviSimi,

This is actually the wrong forum for this question, your question falls more in the preview of 485-Poratability forum. Why I say this is there will be more qualified people there who might be able to help you.

Having said the above, here are my $ 0.02, your lawyer is right, this is a grey area. In fact my lawyer refused to file my 485 concurrently with I140 because of the lack of precedence in these cases. There has been no clarification on this issue from INS.

If your case had some stricter boundaries like you were laid off or your company shut down, I guess you would be in the water in any case and would have to swim, but if you don't need to be in the water then it gets tricky.

Technically, I would imagine that you are okay switching companies, I mean the whole reason they started concurrent processing was to save time right? You can immediately apply for EAD and AP which are very 485 specific things so I assume you should be able to squeeze through on AC21 as well. But I was reading somewhere that your 485 application takes off only after I140 approval. Now it is up to you to decide. You might want to participate in one of those chats with Attorney Murthy or Shausterman, to ask them this question personally.

Good luck, sorry about not answering your question more clearly!
 
Portability of 485 during concurrent filing

RaviSimi,

I filed 485 & 140 concurrently just like you in Aug 2002.
(For concurrent filing 485 & 140 must be filed together).
My 140 was approved in the end of Oct (2002).
My attorney advised me not to change jobs 6 months after
140 is approved (not after filing 485).
INS has not issued any clear regulations on portability cases
with concurrent filing. In the absence of such regulations
it would be best not to switch jobs until 6 months after 140 is
approved.
Different people opine differently wrt this issue. Some dare
devil lawyers say 6 month wait after 485 filing, makes your case
portable.
If you happen to lose your job within 6 months of 140 approval,
then you dont have a choice. In such a case a good lawyer
can build a case citing the absence of INS regulation on this
to get your portability approved. (For lawyers "should" and
"must" are two different things).
But if you happen to have a choice, dont risk it. Wait long
enough to be legal
 
One more interpretation...

RaviSimi,

I think my posting may be too conservative.
Here is one more opinion (a more educated one)

http://www.murthy.com/UDportis.html

Just incase the link expired, it states that the conservative
option is to invoke AC21 (for concurrent filing)
when the below two are met:
1) 485 is pending for more than 180 days
2) 140 is approved.

The clock for 180 days is counted from the date of filing 485.
However the clock wont matter until 140 is approved.
 
Hi INSkillsme...

Your first post confused again :)

You say that for Concurrent filing, both I-140 and 485 have to be filed together..

I filed the I-140 on May 30 - they passed the new law on August 1st.. so I filed the 485 immediately (Aug 27th) - so it is not exactly concurrent filing then?

Also, the I-140 is now cleared and 6 months of 485 will be complete this month end..

I am just trying to get some input for the worst case scenario.. I guess I will just stick on here till the 485 gets approved.. thanks guys for the feedback..
 
Hi INSkillsme...

Your first post confused me again :)

You say that for Concurrent filing, both I-140 and 485 have to be filed together..

I filed the I-140 on May 30 - they passed the new law on August 1st.. so I filed the 485 immediately (Aug 27th) - so it is not exactly concurrent filing then?

Also, the I-140 is now cleared and 6 months of 485 will be complete this month end..

I am just trying to get some input for the worst case scenario.. I guess I will just stick on here till the 485 gets approved.. thanks guys for the feedback..
 
Clarification

What i meant to say was that if you have not applied for 140 already, then you should file both 485 & 140 together for
concurrent filing.
Otherwise INS needs the 140 receipt notice to be attached
with 485 as proof.
 
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