raidohri said:No update on reciept number for my 485 app.filed on dec11th and it is already
5 weeks now.
please let me know if any body is in the same boat
eb1_nsc said:Just received this mail from USCIS for both me and my spouse. No LUDs before approval, It was a short but anxious journey. Good luck to everyone.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
.
GreenCard2010 said:Just Watching and Al-
My 180 days clock is going to hit on 6 weeks and I need your help please.
I did the research on many forums and very confused about this subject, too many different answers and I am hoping that you can help me to clear that:
1. Leaving the job with out I-485 approved ( AC21)
a. When the 180 days period does starts? Receive day of I-485 or Approval Day of I-140
b. Can the previous employer cancel an approved I-140?
c. Can the previous employer cancel I-485 ( giving that I will change the lawyer and notify CIS with that)
d. Do I have to notify CIS with changing job (is it mandatory?)
e. What impact it would have on the case if I notify them (RFE, Delays…)
f. Does the new job title/ job description have to be exactly the same? Given that 6 years are passed by all of us and we are doing much senior stuff then we used to do.[/INDENT]
2. Leaving the job after the approval.
a. Do I have to wait 180 days before giving my notice?
b. If yes, when the 180 days period started?
i. Receive day of I-485
ii. Approval Day of I-485
iii. Receive day of I-140
iv. Approval Day of I-140
c. Is there any restriction on the job and the field?
GreenCard2010 said:Just Watching and Al-
My 180 days clock is going to hit on 6 weeks and I need your help please.
I did the research on many forums and very confused about this subject, too many different answers and I am hoping that you can help me to clear that:
1. Leaving the job with out I-485 approved ( AC21)
a. When the 180 days period does starts? Receive day of I-485 or Approval Day of I-140
b. Can the previous employer cancel an approved I-140?
c. Can the previous employer cancel I-485 ( giving that I will change the lawyer and notify CIS with that)
d. Do I have to notify CIS with changing job (is it mandatory?)
e. What impact it would have on the case if I notify them (RFE, Delays…)
f. Does the new job title/ job description have to be exactly the same? Given that 6 years are passed by all of us and we are doing much senior stuff then we used to do.[/INDENT]
2. Leaving the job after the approval.
a. Do I have to wait 180 days before giving my notice?
b. If yes, when the 180 days period started?
i. Receive day of I-485
ii. Approval Day of I-485
iii. Receive day of I-140
iv. Approval Day of I-140
c. Is there any restriction on the job and the field?
GreenCard2010 said:Thank you Just Watching and mdgc2001, this is great information speically I was worried about Revoking my I-140 If I move from here. But with the 180 days passing by for both ( I140 approval and I485 receiving dates ) , it should be fine.
So in case that petitioner wants to move to different employer ASAP , its better for him to have pending I-485 for more then 6 months then approved I-485 in less then 6 months!
antonioa77 said:not really, i knew many people who left their employers directly after they got their GC. the logic here if 6 months passed on i485 while it is pending, u can move to another employer. using this same logic u can leave ur employer if ur GC got approved after 6 months of being pending.
the law is not clear in this regard, it is simply a vague law. what it says that u have to work permanently with ur employer after u get ur GC. it doesn't give any time limit, permanently means any number from 1 day till you die. it is simply vague.
igor_ch said:A vague law is still __enforceable__. What it would lack is just clarity, in which case the law would be interpreted by an immigration officer, internal agency memo or a court decision. But in any case, your understanding of what makes sense will not be used in making a decision (although it may _happen_ to be the same as officer's). What's worst, you may not know the final interpretation until your naturalization interview. This is why we look for USCIS memos and lawyer's advise.
Yes, that totally lacks any sense in a human's understanding, but not in agency's or lawyer's. Look at it from a different perspective - they have to apply a uniform test to everyone. So, as defined by an earlier court decision, they analyze a rapid course of events following an immigration status change. By definition, a rapid course of events has to happen only _after_ GC has been obtained, which means it does not allpy to your job changes before GC approval. Sounds plain stupid, because you get more constrains after GC approval, even though you worked for that employer during the last 7 years and you could freely change jobs just a month ago...
That works the same way everywhere. For example, it's very easy to bring a spouse into US while you're on H1, and it becomes very difficult while you're on GC. It's still somewhat difficult once you're a US citizen. Does it make any sense to humans - no. But it starts making sense if you look from other perspectives...
antonioa77 said:not really, i knew many people who left their employers directly after they got their GC. the logic here if 6 months passed on i485 while it is pending, u can move to another employer. using this same logic u can leave ur employer if ur GC got approved after 6 months of being pending.
the law is not clear in this regard, it is simply a vague law. what it says that u have to work permanently with ur employer after u get ur GC. it doesn't give any time limit, permanently means any number from 1 day till you die. it is simply vague.
mdgc2001 said:Hi Antonioa77,
I see your signature shows 3 LUDs for AP in the first week of Jan. Did you get the approval or not? Also what about EAD?
GreenCard2010 said:here is the 90 days rule that Just watching mentioned on his detailed reply:
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment.
antonioa77 said:i didn't get anything yet neither Ap nor EAD. I don't know what is goin on with those bureaucrats.