Employer Change.

I

Indyl

Registered Users (C)
Friends,
I would like to get some help from you folks regarding my GC. It has been more than 180 days in fact 19 months since I filed for 485 , haven't heard anything yet. I'm in consulting, meanwhile my client has offered to hire me and I dont think I can survive much longer in this client place unless I become an employee.

1. Can I join the new employer at this stage using AC21.

2. Do I have to find a new attorney to continue the process or just send a change in employment letter to INS by myself.

3. What are the risks involved in this whole process.

4. Has anyone done like this.

Your advice is greatly appreciated.

Thanks.
 
Indyl,

I changed jobs after about 200 days of pending 485 application based on AC 21.

You don't need a lawyer this stage.
The law says you should tell the INS but you don't have to. If you do you will definitely get a RFE. i by the way did not inform the INS.

If you do get a RFE later on for employment letter your new employer should be able to supply you with one.

Just make sure the new salary and job is in line with your initial application.
 
I am also in same situation

Hi Indyl

I am working with my current client for a long time (more than 4 years) and they waited for my GC. But now they are asking me to join with them. They can't afford me (desi company charge more and I get peanuts) but can give a good salary (much better than my current employer , 20% hike) ,now I am getting less than in my LC . I talked my lawyer about it and he said there is no problem in doing that. In fact he will handle my GC cases in future ( I have to pay from my pocket) and offered me to give sample employment letter. According to him it will be nice to inform INS about the job change .Job title and description should be same and salary should be more than or equal to quoted amount in Labor certification With all new laws and home land security it will be safe to inform INS.I was waiting for my approval for the last 16 months and no word yet from INS.It is the time to act .
 
any problem with present employer?

Hi, If we change the employer after 180 days, is there any problem with the present employer(GC filed employer)?

I am also planning to change the employer.

Thanks.
 
Please advise me

I don't have copies of I140 and LC with me. My employer is keeping all these documents. But I have 485 receipt.
If I change the employer after 180 days do I need the copies of I140 and LC?
What are the required documents I have to send to INS to inform the employer change?

Please help me. Thanks.
 
Thank You

All,
I'm very thankful to all you who have responded to my question regarding employer change. I hope to hear more from you all.

GCWait:
In my opinion you dont have to have a I-140 receipt notice but it is always safer to keep a copy of one atleast.
 
Thank you

Hi Indyl

How can I inform the INS about job change? What are the documents I have to send to INS?

Please advise me.

Thanks
 
gcwait555:

As I have already said in one of the postings, you don't have to inform INS abt job change. Again, to avoid problems during citizenship(they will check the good faith in Employment based GC cases), you have to inform INS. It is entirely upto you. Not all people who inform INS gets a RFE and not all people who did not inform INS get approved without RFE. I didn't inform INS and I got a RFE. Pure luck. If at all you want to inform INS, you have to send a copy of your offer letter, employment letter which indicate that this employment is a permanent, full time, indefinite one. Also, indicate the job duties and title which should be similar to your LC. You need a LC copy to exactly mention these terms. Also, don't go too high on salary compared to LC.
It is always better to have a 140 copy with you too.

I am not a lawyer. This is just my opinion.
 
There is one more case here what if the employer revokes i-140
(before 180 days or after 180 days of filing 485 )
 
Originally posted by tammy2
There is one more case here what if the employer revokes i-140
(before 180 days or after 180 days of filing 485 )
Click to expand...

Revoking 140 b4 180 days could be a problem. But, by the time INS takes to revoke the 140, if the 485 passes 180 days, i think it is again okay under AC21. i think I read somewhere about this. The law offices of Sheela Murthy had mentioned about a case which they won, where the employer revoked 140. You can search for the same under their web site.

After 180 days, if the employer revokes 140, it does not create any problem under AC21 world. You will be fine.

This is just my opinion. Consult a good lawyer.
 
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