Help need for < 180days

N

NJ_I485

Registered Users (C)
Hello Gurus,

I am new to this site i need your help regarding the 180 days rule.
I have filed my i485 in Dec-2001 unfortunately my project was over before 180 days and i was idle for one month. After that i got a job from good american comapany and they had given me a full time job and told me to work on the EAD card. The day i joined that company I have finished only 170 days and they never questioned me.

Recently they are asking about my previous employer letter and when was my last working day. they are particular about 180 days which i have not finished with my old employer. I am scrared about that whether they may terminate my employment. I have good relations with my old employer and they can provide me the proof employment upto 180 days.

Please give an idea how can i deal this matter.

I would appriciate your suggestions!!
 
Actaully one can change the employer at anytime after 485 filing and 180days rule kicks in only if the case is approved within 180days and that is very very unusual ..So there is no reason your new employer should worry about how long you worked with your previous employer ..If they don;t understand, tell your lawyer to expalin to them ..
 
The 180 day rule is NOT whether an employee left or got terminated within 180 days of 485 RD.

It is however, when the INS gets to adjudicating the case. One can leave the job at the 150th day and if INS doesn't get to adjudicating the case by the 180th day, the employee is fine.

Good luck!
 
Thanks for the support!!

So it's not mandatory that we can stay with old employer at leat 180 days of I485 filing?
 
you are fine, tell them that you used AC21

chat dated 12/09/2002
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?

Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued.


http://www.murthy.com/chat1230.html
Chat User : Can the AC21 clause be used having an approved EAD and AP and being laid off before 180 days of I-485 receipt date?

Attorney Murthy : The INS has verbally stated that the AC21 portability should be able to be used in such cases since the INS will probably take longer than 180 days to adjudicate the I-485 case. The law only refers to AOS adjudication and allowed portability to punish the INS for their slowness in processing cases. So, until the INS completes I-485 cases in fewer than 180 days, the INS has verbally confirmed that it appears the person may enjoy AC21 portability. Without any written regulations, there could be a risk if the INS issues regulations against the common sense reading of the law.
 
I don't understand

why your current employer is asking about 180 days. AC21 is between INS and the GC applicant. Your current employer should be concerned about your legal working status. Since you have a valid EAD, they should just shut up. I do agree that one does not have to complete the 180 days to change jobs. But there is no regulations on AC21, so who knows. As long as we continue to see people get approved using AC21, I guess we are fine.
 
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