I had a conversation with two attorneys (they are Members of the American Immigration Lawyers Association (AILA), The American Bar Association (ABA), and so on…) from a very big law firm (not naming them because I didn’t get consent from them to publish their response) and this is what they have to say:
“The employment-based AOS applicant intends to accept the permanent job listed in the I-140 at the time the AOS is approved. There is no specific time frame listed in the law that the applicant must remain in that job. Some practitioners say one year, others give different advice, but there is no specific time set forth in the law. This is a fact-specific inquiry and may arise at the naturalization stage. <My company>’s policy is that its employees remain in the I-140 job for at least 4 - 6 months after the AOS approval.”
FWIW, this is a grey area and it’s better to stick with the job for at least few months (4 - 6 months according to my attorneys) before jumping ship. Note, according to my attorney, the job change issue *may* arise at the naturalization stage. Why put yourself in that position if you have a chance to avoid it?
I used to argue with JoeF on his *6-month-rule-of-thumb* story (he used to vehemently refer to it) and believe it or not, he is not misguiding anyone even though he might be repeating the same thing over and over and over again (like an energizer bunny). But, if you think about it, what has he got to achieve by doing this? I, for one, am amazed at his tenacity and free time to post as often as he does and, I think, he is genuinely trying to inform people and it’s up to each individual to believe it or not!
After all, smart ones learn from other's mistakes and some from their own. To each his own.
This thread is just for informational puproses only and not a basis for flaming each other. Peace!
“The employment-based AOS applicant intends to accept the permanent job listed in the I-140 at the time the AOS is approved. There is no specific time frame listed in the law that the applicant must remain in that job. Some practitioners say one year, others give different advice, but there is no specific time set forth in the law. This is a fact-specific inquiry and may arise at the naturalization stage. <My company>’s policy is that its employees remain in the I-140 job for at least 4 - 6 months after the AOS approval.”
FWIW, this is a grey area and it’s better to stick with the job for at least few months (4 - 6 months according to my attorneys) before jumping ship. Note, according to my attorney, the job change issue *may* arise at the naturalization stage. Why put yourself in that position if you have a chance to avoid it?
I used to argue with JoeF on his *6-month-rule-of-thumb* story (he used to vehemently refer to it) and believe it or not, he is not misguiding anyone even though he might be repeating the same thing over and over and over again (like an energizer bunny). But, if you think about it, what has he got to achieve by doing this? I, for one, am amazed at his tenacity and free time to post as often as he does and, I think, he is genuinely trying to inform people and it’s up to each individual to believe it or not!
After all, smart ones learn from other's mistakes and some from their own. To each his own.
This thread is just for informational puproses only and not a basis for flaming each other. Peace!