I485 future employment approved, can I continue with current employer

G

GC_Q

New Member
Hi

I worked for company A from 1998 to 2001. After I left 'A', they started my GC towards future employment. My I485 theu "A" is approved last week but I am working for company C in the same job category. I would like to continue working for C, company A has no problem.
1) Can I use AC21 and is there any time limit within approval of I485 to provide this to INS.
2) Do I "have to" join company A
3) If I continue working for company C and I also take a part time job in Company A to prove intent - is it OK for me to work two jobs? Does the job have to be on the same full salary that company A indicated when they file for the GC? If this is OK then after 6 months or so, I can quit the part time job in company A and continue with company C.

Serious help needed here - appreciate your thoughts.
 
Thanks for the guidance.

The memo states that as long as the I140 has been approved and the I485 has not been adjudicated for more than 180 days, then the applicant can switch jobs to another employer, as long as it is in the same job category.

There is no reference that you do not need to ever advise the INS that you have switched jobs. My worry is that this should have been done before the I485 approval and that since it was not done in my case, I would be required to work for company A or it may be perceived as fraudulent.

Thoughts ??

Thanks
 
I read somewhere that you have to inform USCIS at time of making that change. If you go to the USCIS website and search for AC 21 you will find some documents. Shusterman.com also has some information on this.
 
Thanks again UN.

To avoid any future repercussions, should I take a letter from my current employer (C) indicating the job is in the same category, for my passport stamping and finger printing appointment or is this too risky since there is a chance of the whole thing backfiring, since I am showing intent to work for an employer other than the original petitioning company (A).
 
You should consult a lawyer on this. Remember that at time of stamping you may be asked to provide pay slips and/or employment letter. That is when you may face difficulties.
 
I remember that one member was asked this question and when he said that he had switched employers, his stamping was postponed and was advised that USCIS will get back to him after they had confirmed that the jobs were similar.
 
I am posting here to get some answers.



Quote:
Originally Posted by july022004


" In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act."


The following are my comments/questions.

I am processing my GC as a future employe, i.e I am not working with the sponsoring company right now. My i-140 is approved in OCt 04.

From the above statement, looks like I can excercise AC-21 rule.

The questions I have are:
1,Did anyone use AC-21 rule , who are getting their GC processed from a prospective employer.
2,Can I transfer the case to the present company I am working in.
3,Are there any risks involved, in accepting employment from California based companies, (Since my GC is being processed from VA).
 
Raju Badmash said:
I remember that one member was asked this question and when he said that he had switched employers, his stamping was postponed and was advised that USCIS will get back to him after they had confirmed that the jobs were similar.
Click to expand...
I guess this is some what not cleared to even USCIS officer. When I went to stamp, I was asking the question about change job and had got no definite answer. I had no any trouble to get stamp.
 
unitednations said:
To be on the safe side, I would take the paperwork but only show it if it is asked. There has been only one member who has reported that at stamping, they were asked whether they were with same employer.
Click to expand...

Thank you very much for taking time to answer my questions.
 
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