interesting scenario

[eloqgib]

Let’s say one is eligible for AC21. This person starts looking for a job. At this time his intent to work ‘forever’ for the current employer who is sponsoring him has changed. Let’s say that a new offer is extended to him by a new employer. The person accepts the new job and signs his name on the offer letter. The new employer is in a different state so this person estimates that it will take him ¾ weeks to move. A couple of days later, his 485 gets approved. Now he is in a bind.

Let’s say that he still moves to the new employer in a month. Let’s say he gets questioned by USCIS regarding his intent. But USCIS itself is allowing people to change intent after 180 days of pending 485. How can they tell you that you were fraudulent in changing your intent? Does it expect this person to disregard the document he signed with the new employer? Does it expect this person to relocate to a new state the day he accepted the new job?

 

[richshi]

There is no official rule that one has to

work for the sponsoring employer for at least 180 days after GC is approved. I don't think it is a problem if you change job within the same filed since AC21 permits people to change job within the same field.

 

[TheRealCanadian]

Let’s say one is eligible for AC21. This person starts looking for a job. At this time his intent to work ‘forever’ for the current employer who is sponsoring him has changed. Let’s say that a new offer is extended to him by a new employer. The person accepts the new job and signs his name on the offer letter. The new employer is in a different state so this person estimates that it will take him ¾ weeks to move. A couple of days later, his 485 gets approved. Now he is in a bind.

What's the problem here? He's got a permanent job offer when the I-485 is approved, he goes to work for the new employer.

 

[eloqgib]

The problem here is that this person was still working for current employer when he accepted the offer and didn’t quit the same day. He had to plan relocation to the new employer over ¾ weeks. He obviously didn’t file an AC21 the same day. Moreover, how can you define permanent job offer? When this person talks to a potential employer, he doesn’t ask for permanent offers so as not to scare the begeezus out of employers. He only requests a full time employment.

 

[eloqgib]

Should this person leave current employer the day he accepts a new job? is it acceptable at all to accept a new offer, then plan relocation and then resign at current employer?

 

[TheRealCanadian]

The problem here is that this person was still working for current employer when he accepted the offer and didn’t quit the same day.

So what? There's no obligation that the alien leave his current employment the instance a new offer is accepted.

He obviously didn’t file an AC21 the same day.

Nor was he obligated to.

He had an offer of permanent employment from company B when his I-485 was approved, and within a reasonable time after approval started there. He clearly meets the AC21 requirements. You are making a problem out of nothing.

 

[eloqgib]

So what? There's no obligation that the alien leave his current employment the instance a new offer is accepted.



Nor was he obligated to.

He had an offer of permanent employment from company B when his I-485 was approved, and within a reasonable time after approval started there. He clearly meets the AC21 requirements. You are making a problem out of nothing.

Thank you for your reply. Please advise:

1) if this person has already got his card, does he need to file anything with USCIS when he switches jobs?

2) can he take a 3 week break between jobs?

THank you.