I-485 problem!!!

G

gordy0299

Registered Users (C)
Hi,

Could anybody pls help. Can an employee move to another employer using EAD during the 485 within 180 days if the employer fails to pay the salary (i.e. 0 dollars or amount below the poverty guidelines)? I\'m currently on bench and i\'m not being paid at all. My 485 has been 3 months ago.

thanks.
 
No Title

The 180 days limit is for the INS to adjudicate in your case. So if you decide to find another employer just make sure that the new employment has similar job responsibilities, title and salary. That way you will save the GC process. With EAD you can switch employers anytime after the 485 Receipt date.
 
There are no definite rules on this

Different attorneys have different opinions on this. Without definite ruled ANY usage of the I-485 portability provisions presents some risk. Some of the risk is so small it is worth it and some situations (such as a layoff before 180 days have passed) leave no other options). CSC for example seems to think that the person must work for the sponsoring employer for 6 months to be eligible to use AC21 I-485 portability.

This issue is not as well settled as Jaxen\'s posting seems to state. If you want opinions that say you have nothing to worry about see http://www.murthy.com/ but if you want opinions that say you may have to worry see http://www.usvisanews.com/. Both Sheela Murthy and Jose Latour are competent, experienced, immigration attorneys but one is going to be wrong here.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
My Suggestion

Hi, My suggestion would be to stick with the current job (that got you the EAD) until 180 days are over. I understand that financial side of it (not getting pay from the current employer).

As soon as you completed your 180 days, change the job (similar salary, job title etc.) and get ready with the latest doc..
 
some questions..

how long can one keep looking for a job after 180 days is passed. if in case one cannot find a right kind of job after layoff for up to 2-3months, then how INS looks at it? can one stay unemployed while
I-485 is being reviewed or during passport stamping? everybody talks about 180 rule but very few pay attentions on worst case scenerios. any inputs, lets shake this and look on all worst case scenerios.

immigration-law.com still says AC 21 is not a passed law into regulation, shusterman.com, and murty.com are into exercising it already. please give your opinions. Thanks, Gheewalabhai
 
You need employment to obtain an employment based GC

AC21 did not change this. My opinion is that in the absence of impletmenting regulations Sheela Murthy and Carl Shusterman are being overly optomistic. Of course, they may be right, but if they are wrong there will be lots of upset people who took their "do not worry after the I-485 is filed" advice and had their GC denied.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Jim M.

Isn\'t there a clear line between implemented and not implemented regulations? Why INS allows GC if somebody moves into next job after
180 days and why it does\'nt? When AILA expects this to be
fully implemented into regulation?
Thanks.
 
Spin is the key word..

True. The spins are different based on what you perceive as the problem.
However I have personally seen AC21 with job change within 180 days (both cases of employer & employee initiated termination) some of them with RFEs, getting approved. I do not know whether INS will issue a dramatically different explanation this year and then say it is retroactive and so all your GCS are gone.

IMHO there is a middle ground between the optimism of "murthy" and pessimism of "usvisanews" that is different for different people based on their personal comforts and willingness to take risk. I read both of them regularly...

Also see the 180 days yahoogroups for more success stories on the AC21 quoted GC approvals... http://groups.yahoo.com/group/180days and some bitter experiences..

Good Luck..
 
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