Filed I-485=60 days, changed a job...
- Thread starter Celina
- Start date
Based on What I have been reading here your I-485 has been pending more than 180 days you can use AC21.
You should Inform the INS that you Switched the Employer and change in Intent should be filed.
You should send New Employer letter to INS, if they do not recive any info from your side they may Approve your I-485 and you filled old employer letter with that, if your I-485 is approved then you have to work with the employer who filed your I-140
Better you should talk to a lawyer and send new Employer letter and use AC21. your new employer letter should state that you will be paid the same wages as on your LC and job should be in similar .
you can read more info in many threads below.
You are very near to I-485 approval, better send the Employer change letter
You should Inform the INS that you Switched the Employer and change in Intent should be filed.
You should send New Employer letter to INS, if they do not recive any info from your side they may Approve your I-485 and you filled old employer letter with that, if your I-485 is approved then you have to work with the employer who filed your I-140
Better you should talk to a lawyer and send new Employer letter and use AC21. your new employer letter should state that you will be paid the same wages as on your LC and job should be in similar .
you can read more info in many threads below.
You are very near to I-485 approval, better send the Employer change letter
Of the different opinions on this matter, I still not am sure why the applicant has to inform INS about the job change (when final INS regulations on this matter is pending) proactively.
I would suggest to respond to INS with job change only after receiving a RFE or a direct question at the local transferred 485 interview.
My Opinion.
I would suggest to respond to INS with job change only after receiving a RFE or a direct question at the local transferred 485 interview.
My Opinion.
Austin_Boy
Registered Users (C)
Celina,
Do we need to take any documents for FP??
Do we need to take any documents for FP??
Thank you Jaxen and Jim
What will happen If
1. I-40 Approved by Company A and I-485 filed with Company A I-140 and changed employer after 100 days and joined company B
2. If I do not inform INS after 180 days and they approve my I-1485 then I have to work with A only
OR
I should notyfy INS after I-485 Pending more than 180 days, becase if INS does not send RFE and does not send my case to Local INS office and I do not inform INS about my Job change, they will approve I-485 for A
Can I submit the new JOb /employer letter even after getting I-485 approval for A ? Can I give the job change or employer letter of B at the time when I go for Passport Stamping?
Thanks
What will happen If
1. I-40 Approved by Company A and I-485 filed with Company A I-140 and changed employer after 100 days and joined company B
2. If I do not inform INS after 180 days and they approve my I-1485 then I have to work with A only
OR
I should notyfy INS after I-485 Pending more than 180 days, becase if INS does not send RFE and does not send my case to Local INS office and I do not inform INS about my Job change, they will approve I-485 for A
Can I submit the new JOb /employer letter even after getting I-485 approval for A ? Can I give the job change or employer letter of B at the time when I go for Passport Stamping?
Thanks
I 140 Pending LAID OFF HELP
EVERYONE
I applied for I 140 and with the reciept filed for I 485(got the reciepts)60 days , but I got rfe on I 140 , i just replied to rfe for I 140 on Nov8 and i got laid off the sameday, Now my current status is H1B which my employer said he will keep for another month at the most before requesting cancellation, but what is it that i can do now , what do you guys think are my options, how do i maintain my status, what happens to my process , if i get a new job and transfer my h1b will that mean i loose my entire process, or can i still continue my pocess , in any eent my employer said he will continue with my
application that is i 140 and he would not try to revoke it
please advise
EVERYONE
I applied for I 140 and with the reciept filed for I 485(got the reciepts)60 days , but I got rfe on I 140 , i just replied to rfe for I 140 on Nov8 and i got laid off the sameday, Now my current status is H1B which my employer said he will keep for another month at the most before requesting cancellation, but what is it that i can do now , what do you guys think are my options, how do i maintain my status, what happens to my process , if i get a new job and transfer my h1b will that mean i loose my entire process, or can i still continue my pocess , in any eent my employer said he will continue with my
application that is i 140 and he would not try to revoke it
please advise
inders99:
INS is supposed to come out with regulations about how to inform INS of the employer change. You can send a letter to INS now.
Most of the people in similar situation think this way. If INS approves my GC without questions then I need not worry. When this question is raised (why were you not with sponsoring company after approval) during citizenship interview or GC renewal one can say that
1. I sent a letter to INS. At that time since there weren't specific guidelines by INS (a form or a acknowledging receipt) I thought INS was aware of this situation.
OR
2. I was waiting for INS to come out with regulations regarding this matter.
Celina:
Send a letter from new employer which states that the similar or same job has been offered with similar or same salary and similar /same responsibilities, once GC is approved. This way you can dodge the question. Sending the paystubs is not a wise move. My opinion.
Sirisha76:
Apply for EAD or do a H1 transfer to get a new job. Until new regulations regarding the effect of portability on concurrent filing is announced by INS, nobody can tell. Until then keep praying that
1. Sponsoring employer will keep his/her promise
2. You will get another job in the same or similar category.
INS is supposed to come out with regulations about how to inform INS of the employer change. You can send a letter to INS now.
Most of the people in similar situation think this way. If INS approves my GC without questions then I need not worry. When this question is raised (why were you not with sponsoring company after approval) during citizenship interview or GC renewal one can say that
1. I sent a letter to INS. At that time since there weren't specific guidelines by INS (a form or a acknowledging receipt) I thought INS was aware of this situation.
OR
2. I was waiting for INS to come out with regulations regarding this matter.
Celina:
Send a letter from new employer which states that the similar or same job has been offered with similar or same salary and similar /same responsibilities, once GC is approved. This way you can dodge the question. Sending the paystubs is not a wise move. My opinion.
Sirisha76:
Apply for EAD or do a H1 transfer to get a new job. Until new regulations regarding the effect of portability on concurrent filing is announced by INS, nobody can tell. Until then keep praying that
1. Sponsoring employer will keep his/her promise
2. You will get another job in the same or similar category.
I 140 and I 485
Jaxen
thanks for ur reply
I already applied for EAD but i think it gets approved only after
I 140 but if if i transfer by h1 wont Ins know and stop processing my case and what if i get my ead approved say in a month then am i safe at least for time being
Jaxen
thanks for ur reply
I already applied for EAD but i think it gets approved only after
I 140 but if if i transfer by h1 wont Ins know and stop processing my case and what if i get my ead approved say in a month then am i safe at least for time being
sorry,
I still don't understand. If INS requests for RFE, and I send a letter from new employer with same title and same description, but how can I write the start date of the new job?
If I write the real start date on the letter, INS will find I changed a job within 180 days.
I can not write a fake start date.
If I don't write the start date on the letter, will INS ask me for that?
Does anyone has the attorney info( at california ), can you send me a copy or post it here?
thank you so much.
I still don't understand. If INS requests for RFE, and I send a letter from new employer with same title and same description, but how can I write the start date of the new job?
If I write the real start date on the letter, INS will find I changed a job within 180 days.
I can not write a fake start date.
If I don't write the start date on the letter, will INS ask me for that?
Does anyone has the attorney info( at california ), can you send me a copy or post it here?
thank you so much.
If INS requests for RFE, and I send a letter from new employer with same title and same description, but how can I write the start date of the new job?
-- ---This letter will have no start date the new employer letter will state that XYZ will be Employed PERMANENTLY after he/she is granted GC, her Job duties and Job title will be as ............ or Previus Approved LC and Wages will be according to LC or more
If I write the real start date on the letter, INS will find I changed a job within 180 days.
--- See above no question when you joined new employer on H1 or EAD
I can not write a fake start date.
---- Who told you to write a fake letter?
If I don't write the start date on the letter, will INS ask me for that?
---No, INS only needs a Future job letter after you get GC approved
Does anyone has the attorney info( at california ), can you send me a copy
What do you mean by Copy?
or post it here?
--It has been posted
--- You should hire a good Attorney and info has been provided in other thread. Better you hire the lawyer and you will have answer to your all the questions and Lawyer will take care of drafting letter and responding to RFE.
-- ---This letter will have no start date the new employer letter will state that XYZ will be Employed PERMANENTLY after he/she is granted GC, her Job duties and Job title will be as ............ or Previus Approved LC and Wages will be according to LC or more
If I write the real start date on the letter, INS will find I changed a job within 180 days.
--- See above no question when you joined new employer on H1 or EAD
I can not write a fake start date.
---- Who told you to write a fake letter?
If I don't write the start date on the letter, will INS ask me for that?
---No, INS only needs a Future job letter after you get GC approved
Does anyone has the attorney info( at california ), can you send me a copy
What do you mean by Copy?
or post it here?
--It has been posted
--- You should hire a good Attorney and info has been provided in other thread. Better you hire the lawyer and you will have answer to your all the questions and Lawyer will take care of drafting letter and responding to RFE.
The lawyer I hired said: it is impossible to appeal for I-485 if changing a job within 180 days after filing I-485.
I got the info about AC21 and I-485 portability from this forum. Thank you so much for all you nice guys.
Seems I need to re-hire another lawyer. If anyone who is in same shoes with me, hire a good lawyer...
I got the info about AC21 and I-485 portability from this forum. Thank you so much for all you nice guys.
Seems I need to re-hire another lawyer. If anyone who is in same shoes with me, hire a good lawyer...
Concurrent Filing of I140 and I485 at TSC is being done.
GC is being done by another company as a future employee (Not my employer).
Category: EB3
Dear Gurus,
When I get the EAD can I work for a different employer other than my Sponsor (please note that my GC process is being done by a different company as a future employee)?
I have some other questions too:
a) based on the current trends how long (approx) would it take to get my GC.
b) how long (approx) would it take to get my EAD
c) If I start using the EAD can I manage with advance parole for going to India until I get the GC (even if it takes two or more years to get the GC).
Thanks a lot in advance.
GC is being done by another company as a future employee (Not my employer).
Category: EB3
Dear Gurus,
When I get the EAD can I work for a different employer other than my Sponsor (please note that my GC process is being done by a different company as a future employee)?
I have some other questions too:
a) based on the current trends how long (approx) would it take to get my GC.
b) how long (approx) would it take to get my EAD
c) If I start using the EAD can I manage with advance parole for going to India until I get the GC (even if it takes two or more years to get the GC).
Thanks a lot in advance.