How Many Of You Were Forced To Change Job And Are Banking On Clarification Of 6 Month Rule From Ins?

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I think in the RFE for employment letters INS is asking for the letter from current employer and prospects of continuity with that employer. Check this site for more details.
 
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Hey! What about folks who voluntarily change after 180 days ? Are they excluded from the 180 day rule benefit ? Thanks.
 
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I was just wondering what would happen if there is no clarification from ins?
 
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My termination is date is March 31st or April 1st week. I"ll be forced to change jobs because the company is closing its doors. Given this I can only hope that 180 day job change rules will be in my favor or I don\'t get any RFE.
 
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BostonV,

Firstly, I am sorry it is happenning to you.

Secondly, I think you are OK because you are not leaving the job voluntarily which is one of the clauses for I485. The clause (prior to S.2045) is that if YOU change the job while a pending I485 is in place then INS interprets that you intend to abandon the process. I strongly recommend, if possible, to get a letter of seperation which also includes a statement that "if the conditions warrant, we shall employ back as..." INS usually looks for these as well. The other thing find another job (hopefully you have unexpired EAD in place). Again another strong case for you is S.2045 180 day rule and that INS delayed the regulations for quite sometime.

Bhanu
 
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Bhanu,
What if the company agrees to keep the offer open? If they produce the Emp Letter if reqd, BUT NOT the pay stubs will it work?
GC is after all based on an active offer??
Thnaks
Mira
 
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I am on the same boat, company closed development center here, forced to change job after 485 pending for a year. Hopefully, no RFE. I was told by some guy in this case, we need a new I140 amendment, anybody knows this? based on the old law (pre AC21), what shall I do to keep my 485 case valid? a new 140? or a new labor and a new 140? If we proactively file a new 140, will that delay 485 processing, because we could get approved w/o RFE.
 
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Thanks for the info, I haven\'t transfered attorney yet, but don\'t think old company\'s attorney will help me if there is RFE coming. Can you tell me more details about the new 140? Do we need a new Labor from new emloyer also? If we proactively file a new 140, will that delay our 485? It could be approved without RFE. Or should we wait until there is RFE coming?
 
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Wait a minutue!
YOU NEED NEW I 140 atleast If 485 is still pending you can probably substitute. But most like ly the whole process has to be repeated again.
Only PD could be maintained That also I don\'y know how and for how long?
 
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This was according to old regulations but this could all change by either requiring/not requiring I140 redo but retaining the I485 process.. this could be clarified by the regulations expected from INS..

BK
 
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I saw one of the posting at this site itself. Someone who had his/her 485 application approved. I will try to find who was it but you also go through all approvals before 3/5/2001 and see who had posted the message and get more info from them.
 
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Thanks Arzoo it helps to know better.
But as per common knowledge souldn\'t you be working for the PETITIONING EMPLOYER? THE ONE WHO STARTED THE LCA PROCESS AND APPLIED FOR 485?
If somebody is forced to change in the last stage, will it work if he gives a letter from his current employer who IS DIFFERRENT form petitioning employer?

I think the offer from original employer should be open and RFE should be answered by them even if you are working for another employer.
 
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