Guys pl. advice, I am so confused!!

4

485GCCase

Registered Users (C)
I changed job before 180 days and people are telling to inform INS as it might cause problem later like while renewing GC or applying citizenship if my Green card gets approved for a company which I left long ago ( 2 months after filing I485). If I get RFE then I'd surely have to disclose this job change and if I don't get RFE then it might cause trouble after 5 yrs!!!

What d'ya guys suggest??? Should I inform or not?:confused:

Thanks for ur support.
 
You think too far!!!

How come you think of citizenship without even getting 485 approved?!

You are too ahead of us.
 
No. You should not...

Why should you invite trouble when it is not needed?

I don't think you will be in any trouble. You could take a lawyer's opinion, too.

Law does not say that you have to notify them. Legal analysts at Congress very well knew what does it mean, when they passed AC21 law. Every day they are approving applications AC21 without any RFE. You are definitely not alone.

If they were indeed approving 485 for old employer, they would have made AC21 notification mandatory. Isn't it?

New Government is also pro AC21. The proof is recent bill passed by Bush for seventh year extension of H1B. I think EB category is not the concern of Homeland Security. There is not a even single example of EB category people getting into anti-social activities.
 
485GCCase,

I wouldn't be worried if I were the person in your shoes.

During Citizenship interviews I heard that at the most they ask you: "How long did you stay with the employer with which you got your GC?". For you this is the employer you will be working for at the time of your approval. Not the guys who started your I-485 processes.

You have taken advantage of AC21 by its liberal definition which says as long as processing takes longer than 6 months, you can switch employers before approval even if it hasn't been 6 monts when you switched. Since no regulations have been issued yet that rule this out, a good lawfirm like Murthy or Khanna's should be able to defend your move under AC21, even years down the road.

So in my amateur opinion provided that you stay with the employer that you are with at the time of approval for 6 months after the approval you should be safe from long-term fears (citizenship interview, GC renewal interview etc.) cuz:

1. You have taken advantage of AC21 law (by it's current liberal interpretation as the real regulations have not yet been published)
2. You have honored your employer which got you the GC (which will be your "time of approval" AC21 employer) by staying more than 6 months with them - which you should do.

Regarding more urgent RFE fears, the worst case is that you get to send the stubs etc from your current employer. Maybe that will suffice. If they show intent to deny, you can get a good lawyer to file an appeal on the basis of AC21. I thought a few months back I had heard that Murthy and Company had won a similar case for a client using AC21. You should check with them, should you get RFEd.

All in all, it doesn't sound like you should be terrified of anything right now.

- wherezgc

PS. I am not a lawyer and my comments are my own personal opinions. For your real life-decisions you should consult your lawyer.
 
Originally posted by wherezgc
485GCCase,

You have taken advantage of AC21 by its liberal definition which says as long as processing takes longer than 6 months, you can switch employers before approval even if it hasn't been 6 monts when you switched. Since no regulations have been issued yet that rule this out, a good lawfirm like Murthy or Khanna's should be able to defend your move under AC21, even years down the road.
Click to expand...

I read AC21 guidelines. It doesnot mention "before approval". All it says is that "so long as I-485 has remained un-adjudicated for 180 days". I feel, it should not matter whether you change before or after approval.
 
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