Does new job delay GC after 180 days in 485

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bhartiya_12

Registered Users (C)
Hi,

I've heard from a lot fo people that u can change jobs after 180 days in 485 as long as the new job is permanent and same type etc.

Thats good legally but practically does changing to a new company delay the GC process. If so by how much approx in Vermont service center?

Also, if an RFE is not issued in a case is it legally possible that someone can actually get the green card even though he might not have a new job if he not employed after 180 days in 485 status?

Please, I need to know this very urgently. Please help.

Thanks
 
I was so scared of the delay that I passed up on my dream job. Academically speaking, I would like to know this myself if my sacrifice was worth it. RD 8/15, still waiting
 
Anita, can you please ...

Anita,

It is an interesting topic. When I-485 processing time is unpredictable, when cases are being transferred to local office without reason, when anyone can expect RFE, is in't AC21 a way towards "compromised freedom" ?

I am really interested in knowing your reasoning in favor of NOT joining your dream job using AC21.

Waiting for GC is really biting me ...

Confu123
 
I understand your frustration. The offer was from a subsidiary of my company, however, in NJ instead of New York (just across the Hudson). At the time, it was less than 6 months and I was all set to relocate. Meanwhile, my current job was ready to offer me anything to retain me and I told them I was going to the subsidiary. At the last minute, the lawyer scared me into believing that since NJ was a different state jurisidiction, I would have to reapply from LC. Another person was almost hired to replace me but I stayed resulting in that person having to go back to India. After 180 days, I had the option of pursuing it but I remained out of fear. So I lost out on all counts and ruined someone's career. Not proud of it.
 
i changed job after 10 months, because i was forced to. I was with my previous employer for almost 5 years. Now, i took up a job, commuting 50 miles each way, just to have a job for GC. I took up the first offer i got in this bad market. Fortunately, i di not have any gap between projects. It pays me 25K more than the old one. But, still commuting 100 miles a day is no way going to be rosy for just 25K(in fact even $1,000,000) more. I got another offer the day i joined this new company(which was just 15 miles away from home and a better technology) which i refused. It will not be ethical on my part in leaving this employer in 1 day. This new company said he will match the salary with the current one, but still i refused to take it up.Now, I don't know which one is the right decision. I am just getting impatient and also irritated everyday with this commute, not able to spend time with my kids, nor with my parents who have come here recently to help me out. This GC stuff is just pushing me till the edge.
 
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Roran: I am no one to judge but this country is "employment by will". It is not unethical to leave after 1 day, especially since you have to sacrifice so much. If the closer job is still available, grab it.
 
thanks for reading my story..i do not have any intentions to think back. Lately, i have noticed i have become a whiner, cannot sleep at nights, thinking when to apply for EAD renewal. My hubby says, "watching a pot will never make the water boil" or something close to that phrase. How can I avoid thinking about this, when so many decisions are tied up with this GC stuff ? Now, I do not have a advance parole and I don't have plans to apply for one as I am thinking that I might be close to approval..Now I see almost all MD's are getting transferred to local INS. I do not know what else is in queue for me...)-: sorry for my venting...
 
I think all of us are in the same boat. It is better if our questions were answered by someone who has actually got the GC now but was in our situation some time back. I'm sure there must be thousands in this situation.

I checked with many lawyers who only talk what is legally right but never discuss the practical aspects i.e. it does not delay and change of address is normal but I know of at least one friend who changed address from NY city to connecticut and his process was delayed for almost 4-5 months.

By the way, I think everyone should apply for EAD renewal and advance parole even if the process is close to approval. 200-300$ is a small amount when u consider the possibilities that can arise incase u need to go out of US for emergency or incase the process is delayed further for some reason and need a fresh EAD.
 
Bharatiya_12

Hi Bharatiya_12,

Can you please detail your knowledge about what is legally right or not ?


Thanks in advance
 
Well from what I discussed with lawyers some of whom are very respected even by INS so to say, address change is legally not an issue as long as u inform the INS of the change properly and in time. Also getting a new job is not an issue. Here's a ersponse from a lawyer.

'After your I-485 application has been pending for more then 180 days you are allowed to change jobs if necessary.
That can be outside of the company which sponsored your greencard process. The new company does not have to sponsor you in any way. They do have to be willing to write an employment letter if there is an RFE on your case. There
are minimal costs involved which are just usually mailing costs.
You could pay those costs. Your EAD allows you to work where ever you need to but in order to continue with your greencard process you need to work in a similar position to the job description in your Labor Certification.'
 
RFE

In case of RFE, you said that the new employer need not be willing to write an employment letter. How will INS react ? What am I supposed to show them ? Just pay-stubs ?
 
Read carefully.

They do have to be willing to write an employment letter if there is an RFE on your case and provide pay stubs. However they do not need to sponsor your balance GC process.

If they are not willing to write the letter of permanent employment I guess you are screwed.
 
Originally posted by bhartiya_12
Hi,

I've heard from a lot fo people that u can change jobs after 180 days in 485 as long as the new job is permanent and same type etc.

Thats good legally but practically does changing to a new company delay the GC process. If so by how much approx in Vermont service center?

Also, if an RFE is not issued in a case is it legally possible that someone can actually get the green card even though he might not have a new job if he not employed after 180 days in 485 status?

Please, I need to know this very urgently. Please help.

Thanks
Click to expand...

IMHO:
The best policy is 'Don't ask, don't tell'. If it is not required by INS to inform them about your job change don't do so. Your GC process will continue as usual. In case you don't find a job (in case of a layoff) and you don't get an RFE and your 485 is approved, you're through, you don't need to look back. I'm sure even INS won't bother.
 
Here's a potential problem scenario with GC process and bad economy.

If one gets laid-off while the case is being reviewed by INS (in final process), and INS sends an RFE for employment letter and pay stubs, what are the options available. As we all know it is not so easy to get a job in current market and it could be 2 days or 2 months.

If there is going to be a lay-off in the company (don't know who will be the lucky ones yet), would it be prudent to search for another job so that we can provide Employment Letter in case of an RFE?
 
infact it would be stupid not to start looking at the first sign of trouble unless u r prepared to take a plane back to India for good. INS is not mincing words these days and once they get the slightest idea of anything irregular in any case u r either denied or stuck in a long drawn appeal process which could last years and at the end still get denied.
 
bharthiya_12 is absolutely right. I started searcing a job right from the day i got a slightest hint. I was able to find this job in 3 weeks time. I submitted a notice of 2 weeks to my previous employer and left my previous job 2 weeks before my project ended. U shld never take a risk in this economy. Though I have joined on an hourly basis with my new employer, they promised me to take full time after i complete a couple of months. No company wants to pay benefits like severence pay etc., because no one knows when the client might layoff.
I am still prepared to take the next flight to my homeland if I have to, and I am least bothered abt it, even though i have to sell a home, two cars etc., Right now, i think India and US are sailing in the same boat in terms of job market and Indian economy is growing.
 
Roran

Roran,

You are really smart and confident to sail though this tough time.

Can you detail how are you planning to prove that your job is in same occupational classification (in terms of Job Description, Job Title and Salary) in case of Interview ?

Are you the primary applicant or you hubby ?

Thanks in advance.
 
Thanks Bharatiya and roran. You are right.

The reason why I was lazy to start looking for a job is because I survived 2 rounds of 10% layoffs and 2/3 rounds of lay-offs on a smaller scale (1 - 3%). I am still under the impression that I may not be touched in next 20%. But never know. As the company's size comes down, more and more decent people will start getting affected. I am expecting a lay-off of 10% in August End or in September. My RD is 08/06. Normally my company gives 1 month severance for each year of service (I have been with them for 4.5 years).

In nut shell, I will take your advise and start looking qround for a job.
 
Here it will go :

Chances are that I might get a RFE or case transfer to local INS
whatever it is,

1. I do have paystubs which clearly indicate my salary. BTW, I get 25K more now. It says that I am a regular employee.
2. Get an employment letter from my employer.
3. My employer also has agreed to give a letter of job description in case INS asks for it. I am also working in the same job description as before.

Thats it. My lawyer might help me in giving me a letter quoting AC21 clause and job change. I haven't spoken to him yet about this letter.

Whatever the case may be, I am going by the INS laws with no employment gaps. That's why I am confident. Regarding job market, I widened my geographical area of job search and took up the closest one.

I am keeping my fingers crossed and try not visiting this forum. But doesn't work :-)
 
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