I believe in the new law, an employee can change the employer while he/she is in AOS as long as the new job description is same as the old job. If this is the case, what are the limitations? Please elaborate on this topic. If one takes up a new job (say with the same job description), what are the different things to consider. Should we get LC again? Should I-140 ammendment be sufficient? How long can you be renewing work authorization? Details please....
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Flexibility Under New Law for AOS Applicants?
- Thread starter ACMurali
- Start date
No Title
Dominant idea: Some say that there is nothing new about the new law if you applied for AOS before Oct 17,2000. In othere words, there is NO JOB FLEXIBILIY for most AOS applicants (around 90%).
Reasoning: This is because the law doesn\'t use the future tense. So when it was enacted (on Oct 17), it used the presesnt tense, thus making it ONLY applicable to employees who applied after Oct 17, 2000.
My opinion: It doesn\'t make sense. This is because many people are expected to cancel their AOS application and reapply after Oct 17 in order to make use of the new law. But this is too much overhead for the INS to handle; therefore, the new law will become effective to old applicants in the near future (i.e., less than a year from now, after Lawyers start asking to extend the new law).
In case you are in a hurry to change employers while on AOS, then please ask whether the I-140 redo required. If not, then there is noting to argue about. Just take your I-140 from the original employer and use it with the new employer who is willing to apply AOS for you. In this case, don\'t worry about AOS portability because you don\'t need it anymore because the I-140 and LC are the most consuming things. So start with a new AOS application with the new company and make use of the new law later (i.e., when you have worked 180 days at the new company).
Just think about whether I-140 is portable. This is because if you stay in the status quo, then you have no job flexibility. I assume you applied prior to Oct 17, 2000. Why wait until INS start clarifying to whom AOS portability law is valid? Why wait for the restrictions to be imposed (if any)?
The main question is:
Can the original I-140 be used for a new but similar occupation that\'s in the same metropolitan area if your AOS application was filed prior to OCT 17, 2000?
Dominant idea: Some say that there is nothing new about the new law if you applied for AOS before Oct 17,2000. In othere words, there is NO JOB FLEXIBILIY for most AOS applicants (around 90%).
Reasoning: This is because the law doesn\'t use the future tense. So when it was enacted (on Oct 17), it used the presesnt tense, thus making it ONLY applicable to employees who applied after Oct 17, 2000.
My opinion: It doesn\'t make sense. This is because many people are expected to cancel their AOS application and reapply after Oct 17 in order to make use of the new law. But this is too much overhead for the INS to handle; therefore, the new law will become effective to old applicants in the near future (i.e., less than a year from now, after Lawyers start asking to extend the new law).
In case you are in a hurry to change employers while on AOS, then please ask whether the I-140 redo required. If not, then there is noting to argue about. Just take your I-140 from the original employer and use it with the new employer who is willing to apply AOS for you. In this case, don\'t worry about AOS portability because you don\'t need it anymore because the I-140 and LC are the most consuming things. So start with a new AOS application with the new company and make use of the new law later (i.e., when you have worked 180 days at the new company).
Just think about whether I-140 is portable. This is because if you stay in the status quo, then you have no job flexibility. I assume you applied prior to Oct 17, 2000. Why wait until INS start clarifying to whom AOS portability law is valid? Why wait for the restrictions to be imposed (if any)?
The main question is:
Can the original I-140 be used for a new but similar occupation that\'s in the same metropolitan area if your AOS application was filed prior to OCT 17, 2000?
No Title
Thanks for the update. I applied before 10/17/2000 so I may not be able to utilize this presently. I am not currently planning to change jobs but I just wanted to discuss the possiblities. Hope this discussion helps those who have no choice but to change the job while 485 approval is pending.
In my case, my company was acquired by another company and after acquisition, the new company applied for successorship of interest in the case (a new I-140 that was approved recently). According to my attorney, that\'s all I need as there is no change in the job (I am continuing to perform the same job at the same location). Since the ND for I-485 (EB2)is Februay 2000, I am close (couple of months) to getting the FP. I understand that they have stopped calling for FP. The last date is for applications with ND of 08/15/1999 (for Indians). Hope they start FP calls soon or approve 485 pending FP (rare possibility!).
Thanks for the update. I applied before 10/17/2000 so I may not be able to utilize this presently. I am not currently planning to change jobs but I just wanted to discuss the possiblities. Hope this discussion helps those who have no choice but to change the job while 485 approval is pending.
In my case, my company was acquired by another company and after acquisition, the new company applied for successorship of interest in the case (a new I-140 that was approved recently). According to my attorney, that\'s all I need as there is no change in the job (I am continuing to perform the same job at the same location). Since the ND for I-485 (EB2)is Februay 2000, I am close (couple of months) to getting the FP. I understand that they have stopped calling for FP. The last date is for applications with ND of 08/15/1999 (for Indians). Hope they start FP calls soon or approve 485 pending FP (rare possibility!).
Bhanu Kuchibhotla
Registered Users (C)
No Title
Actually this is one of the issues that AILA is trying to get clarification and also it has a plan to fight if INS states there\'s no job change flexibility for 485 filers prior to s.2045 enactment. The results should be out hopefully in January sometime. Let\'s hope for the best.
BK
Actually this is one of the issues that AILA is trying to get clarification and also it has a plan to fight if INS states there\'s no job change flexibility for 485 filers prior to s.2045 enactment. The results should be out hopefully in January sometime. Let\'s hope for the best.
BK