Feb RFE case approved. But I\'m worried.

water1

Registered Users (C)
RD 1/26/01. ND 2/21/01. FP 6/5/01. RFE 1/8/02. Response received on 1/28/02. AD 2/5/02.
My worry.
In our cases, my wife is the principal applicant. Her green card was sponsored by a consulting firm. Few months back, the client offered her a permanent position. She decided to take it. The transition took a few months. Her last day with the consulting firm is this Friday (2/8/02).

I have read http://www.imminfo.com/ImmInfoFTP/ImmInfoAnalysis2_1.pdf, the last paragraph said: “It is essential to bear in mind, however, that this new legislation (AC21) does nothing to change the good faith intent requirement at the time of immigration. A new immigrant must still intend, in good faith, to take up the sponsored employment upon immigration. The only exception to this rule would be for adjustment applicants who change employers after six months of waiting for the INS to act.”

My understanding (may be silly) is that you can change job after 180 days waiting but before approval. After approval, you have to work for the sponsor company for a while. Otherwise you have a bad intention. And that worries me a lot.

My story.
Came to U.S. in 92.
92~96 Studied Physics and Computer science.
Found a job in North Caroline and started GC process in 96.
LC approved in 8/97. I140 approved in 2/98. EB3 China. Why EB3? Because in 96, all EB categories were current and my stupid lawyer thought it’s easier to get approved by EB3. 12/97 priority dates greatly retrogressed. When waiting for it to become current, laid off in 12/98. I was so desperate. And I had to switch to H4.
Found job in Philly in Feb 99. When getting H-1, the sponsor company lost two major contracts and withdrew my job offer. Found another one immediately just to find H-1B quote was running out. Remained jobless for half year (sigh). Wife found a job in Philly. So we sold house and moved down to Philly. The rest is the same as every one of you. I’m glad the nightmare is finally over. But still a little worried about my wife’s job change.

Best wish for everyone and I appriciate the knindness of everybody on this forum.
 
According to sheela murthy :No one is 100% Sure about this situation.

Chat User : Is it OK to change employer within 3 months after GC stamping? Will it have any effect later on? Thanks.

Attorney Murthy : No one knows the answer to this question for sure. What we do know is that pre-AC21, it would be safer to wait for about 1 year to be really safe. Post-Oct. 2000, AC21, it is legally permissible to switch employers even during the process. So one could argue that waiting 3 months after GC stamping should be fine. But without INS regulations on AC21, no one is 100% sure of the safest course in this sort of scenario.
 
Not True.

I think you missed the line where it says that AOS applicants who change jobs 6 months after filing 485 as an exception. I even talked to an immigration lawyer about this and he confirmed that you can leave after six months. Hope this helps.
 
After GC

Krishna, I guess you are missing the point, do not mixup with AC21 180 days waiting and Post GC approval employment.

The question is :
Is it safe to change employment immidiately after getting GC ?

If you are waiting for GC approval and It has not been approved in 180 days, you can change employer using AC21, that is safe. But there is no clear regulation on AC21 for approved GC (after the GC approval) How long the person should work for the sponsering employer ?, some says it is safe 1 year, some says 6 months even some says atleast one paystub or no problem as long as you work on same kind of job.
 
In one of sheela Murthy\'s chats she mentioned it is OK to change in the same field. It might affect

 
 
Thanks for response. Assume ksv is right...

1. My wife started to change job long before the approval. It\'s just that transition takes very long.
2. The client she works for has a strict two-year rule. After working two years as a consultant, you either convert to permanent or just go. The client extended her contact beyond two year limit based on her promise to convert. Right now her contact is extended month by month.
 
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