This Q/A is a copy from different web site.
I think it is worth to read.
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Here you are guys, make up your mind by yourselves. These are transcripts taken from ilw.com Qs and answers from attorneys. However, my attorney told me that is is not advisible to change jobs after 180 days of I-485 pending because the INS has not released the regulations yet. Hope this helps. Also if you go to
usvisanews.com you can look at the WednesdayQs section for more Qs and answers pertinent to the 180 days rule. Hope this helps.
Q: My I-485 has been pending since mid-February of this year. I was originally
able to come here on an L-1B. With the recent changes to the law, would I be
able to seek other employment prior to getting final I-485 clearance? The job I
want is with a sister company doing basically the same function.
A: I believe you can make the change OK.
Acting Director of DOJ/INS Office of Business Liaison
Linda Dodd-Major
Q: This is regarding INS position on S. 2045. I have a question about job
portability 180 days after filing the I-485. Does the I-485 have to be filed after
October 17, 2000, the date of enactment? What is INS position on that issue now?
A: Of course, INS\' position is not final until implementing regulations are published. Even
when INS recommends implementing regulations, the Department of Justice and Office of
Management and Budget must still weigh in. We cannot speculate as to the final
outcome. But at this point, my understanding is that the legislative provision applies to
any adjustment pending at the time of enactment.
Q: Does INS anticipate being able to meet recommended processing times as
stated in AC21? Is it a question of funding and will Congress be appropriating the
necessary funds?
A: INS is accustomed to unfunded mandates, or what amount to same. We strive, of
course, to comply with statutory mandates regardless of funding.
Q: According to the new law, is it possible to switch to another job after filing for
I-485 adjustment of status, and waiting for 180 days. If yes, then do you have to
be in the same city or you can move to any other state?
A: You can switch after 180 days. But if you move you will need to transfer your I-485 to
the INS office that has jurisdiction over your place of residence.
Q: Based on the S.2045 bill, I can change employer if my I-485 application has
been pending for more than 180 days. What are the risks involved if I switch to
another employer? Do I have to follow some procedures or submit some forms to
INS?
A: Great Question! But, we don\'t yet know what INS will say or do. We just have to
interpret the law as best we can without any guidance yet from INS on how they will
interpret the law. Thus, just try to make sure the new job is as close as possible to the
type of job that your labor certification was for and document everything and wait as long
as you can, but if you can\'t wait, try to get a new job doing exactly the same type work.
Q: Can you tell us when INS is coming out with a memo to implement the 180
day rule for changing jobs during I-485 processing?
A: We expect implementing regulations in March, but the date may slip beyond INS\'s
control. We also plan field guidance, which may include some information on adjustment
portability.
I think it is worth to read.
---------------------------------
Here you are guys, make up your mind by yourselves. These are transcripts taken from ilw.com Qs and answers from attorneys. However, my attorney told me that is is not advisible to change jobs after 180 days of I-485 pending because the INS has not released the regulations yet. Hope this helps. Also if you go to
usvisanews.com you can look at the WednesdayQs section for more Qs and answers pertinent to the 180 days rule. Hope this helps.
Q: My I-485 has been pending since mid-February of this year. I was originally
able to come here on an L-1B. With the recent changes to the law, would I be
able to seek other employment prior to getting final I-485 clearance? The job I
want is with a sister company doing basically the same function.
A: I believe you can make the change OK.
Acting Director of DOJ/INS Office of Business Liaison
Linda Dodd-Major
Q: This is regarding INS position on S. 2045. I have a question about job
portability 180 days after filing the I-485. Does the I-485 have to be filed after
October 17, 2000, the date of enactment? What is INS position on that issue now?
A: Of course, INS\' position is not final until implementing regulations are published. Even
when INS recommends implementing regulations, the Department of Justice and Office of
Management and Budget must still weigh in. We cannot speculate as to the final
outcome. But at this point, my understanding is that the legislative provision applies to
any adjustment pending at the time of enactment.
Q: Does INS anticipate being able to meet recommended processing times as
stated in AC21? Is it a question of funding and will Congress be appropriating the
necessary funds?
A: INS is accustomed to unfunded mandates, or what amount to same. We strive, of
course, to comply with statutory mandates regardless of funding.
Q: According to the new law, is it possible to switch to another job after filing for
I-485 adjustment of status, and waiting for 180 days. If yes, then do you have to
be in the same city or you can move to any other state?
A: You can switch after 180 days. But if you move you will need to transfer your I-485 to
the INS office that has jurisdiction over your place of residence.
Q: Based on the S.2045 bill, I can change employer if my I-485 application has
been pending for more than 180 days. What are the risks involved if I switch to
another employer? Do I have to follow some procedures or submit some forms to
INS?
A: Great Question! But, we don\'t yet know what INS will say or do. We just have to
interpret the law as best we can without any guidance yet from INS on how they will
interpret the law. Thus, just try to make sure the new job is as close as possible to the
type of job that your labor certification was for and document everything and wait as long
as you can, but if you can\'t wait, try to get a new job doing exactly the same type work.
Q: Can you tell us when INS is coming out with a memo to implement the 180
day rule for changing jobs during I-485 processing?
A: We expect implementing regulations in March, but the date may slip beyond INS\'s
control. We also plan field guidance, which may include some information on adjustment
portability.