IBM job vs. 485

E

Ed You

Registered Users (C)
This is the scenario, gulus please response:
My current details is as follows:
EB2,RIR
PD 9/98
RD 9/13/99
ND 9/28/99
EAC-99-277-*****
FP 8/00
485 still pending

I received an offer from IBM with much much better salary than now. I really like to take this offer. In light of the AC21 new law, should I make this switch now? if yes, what will be the risks I am taking? I will appreciate any thoughts you have.
 
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Well, since no INS regulations regarding implementation of S2045 have been issued there are definitely risks. For example, what if the INS say the 180 day clock starts from the date the law was signed (Oct 17, 2000)? Or what if they say the new law only applies to I485s filed after Oct 17 2000? Obviously, I don\'t believe that was the intention of Congress but you just never know with the INS. You should be prepared to go to court if necessary to fight for your rights under S2045. By the way, INS regulations are not expected until at least Mar 2001. If you switch now you\'ll have months of worry ahead of you. If I was you I\'d wait since your I485 should be approved soon...assuming your PD is current.
 
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I know it hard to pass an offer like that but I suggest you wait. You are very close to your green card. You can accept the offer and start working for them in 2 months or so. For all practical purposes, you will have a problem if you receive an RFE like I did requesting recent paystabs. If you do not receive RFE Immigration most probably cannot find out what you did.
 
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Your PD is current, and it is only a matter of days before your I-485 will be adjudicated. It is probably better to wait than take a chance at this point. Considering the time of the year(holiday season), it will probably be worth the while to try & convince your new prospective employer that you need to wait for just a few more weeks....
 
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Thanks a lot for all the responses. I realize that 485 cases with 9/99 ND and current PD might be probabally adjusted very soon, and assuming IBM is willing to wait for couple of weeks, there is still a problem: is it right that even after receiving the GC, one needs to wait for 3 to 6 months before he/she could switch?

Thanks at advance for any new inputs.
 
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My lawyer told me to ignore S2045 as regulations are not expected until Mar 2001. He also told me under no circumstances should I change jobs less than 30 days after I485 approval date (PP stamping and receipt of GC dates are irrelevant, I485 approval date is the important one). He said trying to convince an immigration judge that I had permanent intent to stay with my employer will not stand up if I leave before 30 days. However, he recommended that I stay at least 3 months. So my advice to you is the same....stay at least 3 months after the I485 approval date.
 
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I have the similar situation. But I can\'t afford to risk my GC after waiting so long. Don\'t worry opportunity will come again but GC is more important now!!
 
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Has INS ever checked somebody for change of employment after approval of I-485 or PP stamping? If your lawyer is right, it implies that INS checks your employment status most likely within 3 monthes after I-485 approval.
ars99
 
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My lawyer told me of 2 cases where green cards were revoked because they left employers less than a month after I485 approval. One was reported to the INS by an angry employer. The other lost his plastic card after a few months and applied to the INS for a new one - they reviewed his bio at that time and they discovered he had left the sponsoring employer shortly after I485 approval. Both found themselves in front of an immigration judge and couldn\'t convince the judge that, at the time of I485 approval, they had permanent intent to stay with the sponsoring employer.
 
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This is crap! Yes, it\'s SAFE to stay 3 months after approval, but the chances of ANYONE at the INS getting to know of a job change as soon as your green card is issued is close to zero - tons of people have done it, and not had a problem. Of the \'2\' cases attorneys give out where the green card has been revoked after it was issued I\'m willing to bet that with both of them, the employer called the INS up and screwed the employee.

However, I will agree that since you\'ve already completed FP, and you did it some time ago, you\'re a matter of weeks away from approval. In this employment environment, a manager will wait 3 months for someone to come on board. In that time, you\'ll have your green card with 99% assurity.
 
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HANG IN THERE BUDDY..You will be rewarded S...O..O...N
Do not take any step that you may later regret your entire life

Best Of LUCK
 
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When you get something you lose something. To avoid falling into such situation, one should not start job hunting until your GC matter is settled down. Otherwise you are very likely to get some kind of offers that are hard to turn them down since most of us are hi-tech workers. Why create such temptation and headache at first place? Not everyone can afford to lose GC.
BTW, leaving sponsored employer too soon could be challenged by INS when you apply US citizenship. At lease 6 months are suggested by many lawyers.
 
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