"A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed" ---- from S.2045 bill which is signed by the president on Oct 17.
Waiting for 485 approval for more than one year, I am very interested in changing employer without void the pending 485 application. Here is my interpretation of this provisition after some research and talk to three attoneys.
1. When this will be effective?
This goes to effect once the president signs the bill. Which he did on Oct 17. IT IS EFFECTIVE NOW.
2. If my 485 has already been approved recently. But it took more than 180 days to get it. Can I switch job?
The bill says as long as the 485 application has been filed and remained unadjudicated for more than 180 days. You are allowed to change job as long as the new job is same or a similar occupational classification. Even though the 485 is approved after more 180 days pending, it still falls into the criteria that " it remains unadjudicated for more than 180 days"
3. What documents required from the first Employer if I change job while my 485 pending for more than 180 days.
Like the copy of pay stub or a letter from employer indicating your employment for 180 days since your 485 was filed.
4. Should I act right now if I can not stay with my current employer even for one day?
Probably wait for one or two weeks. The INS needs time to provide detail how it will enact this law.
Any comments? Please add infomation regarding this after talking to your lawers.
I find the following sites is particular useful if you need more infomation:
1."The New H-1B Cap & More! live chat transcript"
http://immigration.about.com/library/weekly/aa101800b.htm
2."Summary/Analysis/Full Text of S.2045"
http://www.immigration-law.com/H-1B.html
3."IMMIGRATION AND NATIONALITY ACT"
http://www.travel.state.gov/ina_text.html
Waiting for 485 approval for more than one year, I am very interested in changing employer without void the pending 485 application. Here is my interpretation of this provisition after some research and talk to three attoneys.
1. When this will be effective?
This goes to effect once the president signs the bill. Which he did on Oct 17. IT IS EFFECTIVE NOW.
2. If my 485 has already been approved recently. But it took more than 180 days to get it. Can I switch job?
The bill says as long as the 485 application has been filed and remained unadjudicated for more than 180 days. You are allowed to change job as long as the new job is same or a similar occupational classification. Even though the 485 is approved after more 180 days pending, it still falls into the criteria that " it remains unadjudicated for more than 180 days"
3. What documents required from the first Employer if I change job while my 485 pending for more than 180 days.
Like the copy of pay stub or a letter from employer indicating your employment for 180 days since your 485 was filed.
4. Should I act right now if I can not stay with my current employer even for one day?
Probably wait for one or two weeks. The INS needs time to provide detail how it will enact this law.
Any comments? Please add infomation regarding this after talking to your lawers.
I find the following sites is particular useful if you need more infomation:
1."The New H-1B Cap & More! live chat transcript"
http://immigration.about.com/library/weekly/aa101800b.htm
2."Summary/Analysis/Full Text of S.2045"
http://www.immigration-law.com/H-1B.html
3."IMMIGRATION AND NATIONALITY ACT"
http://www.travel.state.gov/ina_text.html