Job Change < 180 days

T

TSC_sufferer

Registered Users (C)
Guys,

I had to change the employer as a result of contract transfer to different company. It's a govt project and they decided not to renew the contract and awarded the contract to new company. All of us get offer to work for the new company. The client is same, location, position, salary etc is same, just we are getting paycheck from different employer.

It all happened after 100 days into I-485 stage. I-140 from old company is still valid and not revoked. Also at the time of I-140 one mis-intrepretation from TSC costs my 18 months for I-140 approval. Now I have already completed 365 days after filing I-485.

My lawyer applied for H1B with a new company, so possibly they know that I have changed the employer.

Do you'll think I have a good chance.....

Thanks
 
yours will be the easiest AC21 case for INS to handle. I think you will need to send an employment letter from the new employer stating all the stuff the IN AC21 memo states.
 
TSC_sufferer - please check with your attorneys before jumping ship - the new memo does not seem to allow a job change before 180 days
 
< 180 means game over

for any reason, one leaves the sponsor company before 180 pending days will invalid the I-140 according to the new memo, future employment is an exception(although this is ridiculous)
Take care.
 
How about the current employer doesn't have job for you?

Like my case: The previous company was going to be out of business. I have no choice and have to change job before 180 day of I-485 filling. My I-140 got appoved after I changed job. My I-485 is pending for 11 months right now. And my previous company was out of business and will not revoke my I-140.

what's the dicision will be made from INS? Does my I-140 still be valid? The AC21 hasn't mention this situation.


Hopegclucky
 
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My lawyer is out, probably will get a reply within couple of days...

In the memo they haven't mentioned, if I-140 is approved, more than 365 days and I 1485 is pending for that 365 days. But actually job change took place after 120 days of filing 485. The new job is same in everything.

I think this is the situation with number of people. Almost in all Service Centers BCIS is taking more than 180 days to adjudicate, so does it means even one happen to change the job before 180 days, he is okay if he get a new similar job.

Very confusing, even after the memo a number of things aren't clear...
 
Read this (copied from murhty.com 's forum). As I and waytoolong discribed, it is still a gray area:


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Q: In the New BCIs memo regarding revokation of I-140 it mentions about intent at the time of I-140 approval. What is constitutes change of Intent? If some one is laid off before 180 days is it considered as change of Intent (If not informed to BCIS)?

A: This is a gray area. The entire employment based labor certification/I-140/I/485 process has very little to do with the current employment situation between the sponsoring company and the employee. It is a program that is setup to accept future promises such as "I will work for you when I get my greencard" and "we will have a job for you when you get your greencard." Current layoffs need not affect the future intent of the employer and employee.

Therefore, it appears that as long as an employer has not revoked the I-140 prior to the I-485 pending for more then 180 the case SHOULD BE fine. A change of intent clearly takes place when the employer notifies BCIS of a revocation prior to the 180 days on the I-485.
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In fact i put this question. Attorney_3 answered it. When you are applying for GC it is always for future job only It is never for your current Job There is no exception. When you apply for GC employer has provided an offer for the future. He has to state that this position is available at the future date.
 
aqaqaqaq : Can you elaborate on what you are saying ? I have not seen any place in the memo where it says that.

Actually, I dont understand the confusion with TSC_sufferer. The case seems to be simple so long as the 140 is approvedans that the 485 is pending 180 days.
 
pls read carefully

August 11, 2003 -- In a memorandum dated August 4, 2003, the Bureau of Citizenship and Immigration Services
....

The memo first summarizes BCIS's interpretation of AC21 § 106(c), stating that
if a Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more, the approved I-140 will remain valid even if the foreign national changes jobs or employers, as long as the new offer of employment is in the same or similar occupational classification.

If the I-485 has been pending for less than 180 days, the approved I-140 does not remain valid with respect to a new offer of employment. The memorandum confirms that the I-140 must be approved for portability to be available
 
Can I explain the AC 21 like this?

If a Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more, the approved I-140 will remain valid no matter when you changed job, before or after 180 day of I-485 filling?


Hopegclucky
 
Actuall, I have already spoken many times, the memo doesn't say "when" a person is allowed or not allowed to change job. Anybody see a time "point" in the memo? no.

I agree with hopegclucky's point. It's still a gray area because it is really hard to determin. Actually if BCIS wanted to make it clear, it should have emphasized on the time point when a person leaves the sponsoring company (no matter layoff or resign). But it doesn't say anything about that. As a common sense to everybody, the date when one joins a new company is not really a well supported standpoint. The time one leaves a company must be more important.
 
Thank you Guys for providing the input.

I understand it's grey area and as in the memo it's not clear about the people who left the sponsoring company before 180 days and 485 is pending for more than 180 days, with a valid I-140.

Was wondering how many of you are in the same situation ?? Is there anyone whose 485 got approved ???
 
I am in the same deep $h**

pardon my french - This is my outline and my argument for AC21. Mine was not a concurrent (linear?!) filing
1) laid off < 180 days : No problem since GC is for future job
2) Was employed by sponsoring employer at the time of approval of I-140 - this goes towards poving my intent to work for the sponsor (barring unforeseen circumstances like layoff)
2) Got new job after 180 days, job same/similar by O*NET definition - I-485 was unadjudicated at that point (180+ days) and I-140 approved and unrevoked
3) Previous employer did not revoke I-140 before the 180 day mark : this goes towards proving the employer's intent to employ me when the LC/I-140 was applied for and approved

My stand is that all time periods refered to by BCIS (e.g. 180 days) will have to do with adjudication , it cannot refer to current or past employement because GC is for a future job.
 
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aqaqaqaq, I understand your point now. But I think your wording is still contrary to ac21 and the memo. 140 is valid until it is cancelled or revoked and has nothing to do with 485 (its a subtle point). The 485 is approvable only if it is unadjudicated for 180 days within which the 140 should not be cancelled or revoked.

I am in the similar situation and had to leave the employer in 90 days because of the employers problem. I still am open to work for him but he likes to play games !
 
to Krishna02

It's not my wording, I copied from others, what it said here is same with the first part of the memo. You should read the memo carefully. My English skills are limited, so , maybe, I cannot understand the memo 100%.
 
TO Krishna02

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If the I-485 has been pending for less than 180 days, the approved I-140 does not remain valid with respect to a new offer of employment
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It clearly says 140 is not valid if I-485 is pending < 180 days. That means, they have every right to deny the GC if they come to that person changed job before 180 days.
So it doesnt matter whether I-140 is not cancelled /revoked etc..If I-485 < 180 days, they can deny the case. But, still you can get GC because, BCIS can not find it from your application. but by bad luck,if they issue RFE, then there will be trouble.
 
It only says I-485 is pending not about the changing jobs are any thing. The Layoff may temporary. Employee may be hired after I-485 approval that knows that and how can BCIS decide on that?

If BCIS sends a letter of revocation BCIS will come to know. At the time applying I-140 Employer makes promise that this person will be hired once the GC is approved. BCIS does not care whether he is currently working or not.

Remember GC is never for present job. It is always for future job.
 
Originally posted by london123
TO Krishna02

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If the I-485 has been pending for less than 180 days, the approved I-140 does not remain valid with respect to a new offer of employment
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Click to expand...

At the time of adjudication, If the I-485 has been pending for less than 180 days and the applicant has changed jobs, the approved I-140 does not remain valid with respect to a new offer of employment
 
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So from your point of view, everybody should be fine as long as your I-485 has been pending for more than 180 day from RD? And nobody will revoke your I-140 before 180 day?
 
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