Job Change < 180 days

Thanks for Hope2003's post. As I interpreted, the 180 rule is applied based on the date your GC "is" approved, on other words, you CANNOT get a GC before 180days has passed while you've already changed job. The date of "changing job" make less sense nowadays and is illogical.

I actually watched muthy's chat room yesterday and saw a similar question. Murthy's answer is like "It's not clear in current AC21 law". You will see the chat script a few days later.
 
Any updates?

To the top.

Guys, I am in similar situation and had to leave sponsoring employer < 180 days with RD: 01/29/02. Company was planning to file for Chapter 11.

Now a days with RFE asking:

Employment Letter &
Biographic Information Form G325A

I consulted with my lawyer and LOSM, both are saying that my i485 is on risk; specially because of recent memo.

You guys in similar situation, can you share your latest experience?

How do you suggest that I should respond above RFE, as with G325A, it will be clear that I left company < 180 days.

Should I forget GC or give it a try?

What are my chances if I reply above RFE?
 
Q1. Is the RFE item 2 is normal text for employment verification kind of RFE? Is there any sample response to such RFE item?

Standard RFE - check http://www.immigrationportal.com/showthread.php?s=&threadid=93273 for standard responses

Q2. Is it OK if I do not mention my start date with new employer Y?

Not sure if you can do that if it is specifically asked for

Q3. My employer Y has it's own law firm to handle such cases but they are saying that I need to handle previous company's sponsored I485 by myself. Is it OK that I send such employment verification letter signed by my managment? Will that be acceptable by VSC?

That should be fine

Q4 Or it should be from HR/Immigration Department offical?

I don't think VSC cares who sends it - as long as it is verifiable

Q5. I also plan to notify VSC about my job change as part of response to this RFE. Is this suggested to do this? Is there sample letter for AC21 job change notification?

I don't think AC21 requires you to notify "job change" when an RFE is being replied to - just stick to what has been asked and add a cover letter mentioning AC21 and how you qualify. Of course your argument will be that since the I485 is unadjudicated for 180+ days, you qualify under AC21. I don't think anyone knows how INS will interpret the "job change" clause in there. It is worth a shot to complete the GC process in your case. Check Hopes2003's chat transcripts - you clearly qualify. You have to take a lawyer's advise with a pinch of salt. The paradox of a good lawyer is that s/he will be conservative in making you aware of all the risks involded. AC21 cases are clearly more subjective and riskier than H1B apps. Just in case something goes wrong they want to make sure they can say "I told you so ...". If yours is an impossible case then LOSM will refuse to take your case. How about talking to the folks at Shustermann ? They seem pretty confident about <180-days-job-loss-but>180-days-I485 cases.

I am in the same boat as yours except for the biographical infomation. LOSM seems pretty confident about my case. :confused:

Seriously though, in a worst case scenario - what other options can one pursue ? H1, Canadian GC ? Looking for ideas here folks ...
 
Last edited by a moderator:
Alternates....

My company is asking me to go back to H1 status for now, to be on safe side.

With that I'll be having about 18 months left for my 6 years max period allowed.

Q. Do you think that if I start a brand new GC process with my current employer, I'll be able to make it to I140 stage in 18 months, where I can get EAD and start working on that again?

And luckily I do have Canadian Immigration too.

Yes; I'll get it a try any ways.

BTW, in worst case scanrio, if my i485 is denied. What kind of impact it may have for:

1) my H1 visa extenstion?
2) future H1 visa abroad?
3) future visitor visa application abroad?
4) future GC application?

Regards.
 
AC21 < 180 days with Contract-to-hire situation

For waytoolong, TSC_sufferer, thunder1900, Krishna02, tammy2, greenpeace, aqaqaqaq .....
-----------------------------------------------------------------------------------------

Hi All,

It seems something is probably going to work out for me... Need your valuable suggestions. Please respond.

Situation : After I-140 approval, I-485 was applied one and half months back. Not having any project since last one month, still on pay rolls until now. Lay-off almost certain in a week or two. Just got a similar consulting job, but new employer does not want any third-party .. they need to join them. Due to 180 day situation somehow, trying to make both parties (old and new employers) agree to a contract-to-hire until 180 days pass. Might workout. I presume, there would be a contract between the old and new employer that the consultant (me) will be free to accept a job offer from the new employer at the end of the contract.

I hope, if this works out, there should be no ambiguity in invoking AC21 after 180 days passed. Or you guys think that the "intent" question would still arise ? Kindly share your thoughts.

Thanks a lot !

Hopes2003
 
Guys,

Can we track, how many people got approved who changed jobs before 180 days. I don't know of anyone who got denied but I know couple who got approved.

btw I got reply from my Lawyer and according to him as per the current interpretation of AC21, I am okay. She seems confident unless INS comes up with more detail interpretation abour changing job < 180 days, pending >180 days cases.

I am so fade up with all these waiting. Sometimes feel like just go back to India man. Life in India is not that bad. It's improving rapidly, people are getting good salary, all my families are there. There are certain things, you can't compare with US but that's our country, what if it doesn't have everything.

Anyways...have fun guys....
 
Re: AC21 < 180 days with Contract-to-hire situation

Originally posted by Hopes2003
For waytoolong, TSC_sufferer, thunder1900, Krishna02, tammy2, greenpeace, aqaqaqaq .....
-----------------------------------------------------------------------------------------

Hi All,

It seems something is probably going to work out for me... Need your valuable suggestions. Please respond.

Situation : After I-140 approval, I-485 was applied one and half months back. Not having any project since last one month, still on pay rolls until now. Lay-off almost certain in a week or two. Just got a similar consulting job, but new employer does not want any third-party .. they need to join them. Due to 180 day situation somehow, trying to make both parties (old and new employers) agree to a contract-to-hire until 180 days pass. Might workout. I presume, there would be a contract between the old and new employer that the consultant (me) will be free to accept a job offer from the new employer at the end of the contract.

I hope, if this works out, there should be no ambiguity in invoking AC21 after 180 days passed. Or you guys think that the "intent" question would still arise ? Kindly share your thoughts.

Thanks a lot !

Hopes2003
Click to expand...


The intent question is hard for everyone (including BCIS) to answer - the general position is, if you have worked for the sponsoring employer, then your intent is clear. If the sponsoring employer has not revoked the I-140 then their intent is clear about employing you. So, you seem to be fine there. As long as the job is same/similar you are fine in that respect too.

So the worst case scenario is that you have to leave <180 days but you are eligible for AC21 and BCIS takes enough time to process your case (.180 days) and I-140 is not revoked (<180 days). So even in a worst case scenario you should be able to get the GC.

Now, to improve the situation I suppose if you can officially be terminated after the 180 days period that will be great. Can you go on unpaid leave till then and meanwhile join the other employer ? If you can somehow manage to get a letter from the previous employer stating the start date and end date (>180 days) that will be a perfect addendum to a RFE (if any).

Net-net you seem to be in a pretty decent spot - with some luck BCIS will approve you without asking any questions at all.
 
Originally posted by TSC_sufferer
Guys,

Can we track, how many people got approved who changed jobs before 180 days. I don't know of anyone who got denied but I know couple who got approved.

btw I got reply from my Lawyer and according to him as per the current interpretation of AC21, I am okay. She seems confident unless INS comes up with more detail interpretation abour changing job < 180 days, pending >180 days cases.

I am so fade up with all these waiting. Sometimes feel like just go back to India man. Life in India is not that bad. It's improving rapidly, people are getting good salary, all my families are there. There are certain things, you can't compare with US but that's our country, what if it doesn't have everything.

Anyways...have fun guys....
Click to expand...

I found an example in this forum :

http://www.immigrationportal.com/showthread.php?threadid=76185

I am trying to track AC21 approvals/denials in this thread

http://www.immigrationportal.com/showthread.php?s=&threadid=93273

please add to the thread if you find anything
 
Originally posted by TSC_sufferer
Guys,

btw I got reply from my Lawyer and according to him as per the current interpretation of AC21, I am okay. She seems confident unless INS comes up with more detail interpretation abour changing job < 180 days, pending >180 days cases.

I am so fade up with all these waiting. Sometimes feel like just go back to India man. Life in India is not that bad. It's improving rapidly, people are getting good salary, all my families are there. There are certain things, you can't compare with US but that's our country, what if it doesn't have everything.

Anyways...have fun guys....
Click to expand...
Hang in there - my lawyer said pretty much the same thing about <180 days cases. Same from Shustermann and Cyrus Mehta. I think we can safely bet that as long as I-145 remains unadjudicated and I-140 unrevoked for >180 days, we are safe. Just a matter of time ....

It gets extremely frustrating sometimes and the stress beings to affect social and professional lives but as first generation immigrants, we just have to grit our teeth and duke it. Just hang in there ...
 
Need your suggestion!

Please see my RFE and my current situation details in above threads.

I had consultation with my LOSM. According to them I had following options:

Ist Option:
Talk to your previous employer and get them letter to keep you employed after the GC. And work for them atleast 6 months once GC is approved. It will not be problem even though I currently not working for them and was laid off < 180 days.

I talked to employer. They seem to help me out. But problem I have is two fold: First, that I have a very decent job with very good role in a stable company. Second, my original GC employer is not doing good financially (as they filed for Chapter 11), I'll have to find a contract and kind of support them and myself. Also most probably I'll be getting almost 40% less than what was mentioned in Labor Cert.

2nd Option:
If my current employer has similar I-140 petition approved, they can submit RFE reply with I-140 replacment request and I-485/GC can be continued from this stage itself.

Still need to find out with current employer. Though it does not seem that it has much chances.

3rd Option:
Reply the RFE with all the facts as they are with LOV from current employer and hope for best.


What you guys think I should go for? I personally inclined for 3rd Option probably I like my current job with them.

Please suggest????

Any one approved job change < 180 days and after recent AC21 memo? Let's track that too....
 
Re: Need your suggestion!

Sipak,
What did you decide? Keep us updated.
SDD

Originally posted by sipak
Please see my RFE and my current situation details in above threads.

I had consultation with my LOSM. According to them I had following options:

Ist Option:
Talk to your previous employer and get them letter to keep you employed after the GC. And work for them atleast 6 months once GC is approved. It will not be problem even though I currently not working for them and was laid off < 180 days.

I talked to employer. They seem to help me out. But problem I have is two fold: First, that I have a very decent job with very good role in a stable company. Second, my original GC employer is not doing good financially (as they filed for Chapter 11), I'll have to find a contract and kind of support them and myself. Also most probably I'll be getting almost 40% less than what was mentioned in Labor Cert.

2nd Option:
If my current employer has similar I-140 petition approved, they can submit RFE reply with I-140 replacment request and I-485/GC can be continued from this stage itself.

Still need to find out with current employer. Though it does not seem that it has much chances.

3rd Option:
Reply the RFE with all the facts as they are with LOV from current employer and hope for best.


What you guys think I should go for? I personally inclined for 3rd Option probably I like my current job with them.

Please suggest????

Any one approved job change < 180 days and after recent AC21 memo? Let's track that too....
Click to expand...
 
I may....

I may go with Option 3 as of now.

But shall still wait responding RFE as I am going for H1 revalidation to Canada next month. I'll reply after that just to be in safe side.
 
Waytoolong, Hopes2003, Sipak or anyone,

You guys look pretty knowledgeable in this thread..I agree with everybody that the whole GC matter is the most frustrated thing in the history of the civilized world !!

Well, my case is little bit sucked up !! Better to say that my current employer (employer A) is still not happy after sucking me for last 6 years ! They just filed my I-140 and they won’t do I-485 now till I-140 is clear and it’s in TX. In the mean time, I got another labor approved from employer B (from other center than TX) and they are willing to file my I-140 and I-485 together so that I will get my EAD in 3-4 months.

And the job situation is pathetic. I will be loosing the current client in 5-6 months and there is a rare feasibility that my current employer (employer A) would find a job for me after that. So they will dump me and have fun ! Ha ha ha ha !!

My questions are like this :
1.Can I continue two I-140 and I-485 at the same time (they are not from the same center) ? If so, at what point of time I have to stop one ?

2.Do I have to join employer B after they get my EAD ? Because there is a possibility that I will get a permanent position with the current client (employer C) after 6 months. If yes, how long do I need to stick with employer B ? If no, when do I have to join them ? Probably after getting the GC. If by then, they file chapter 11 or 12 etc, do I need to join somebody who can suck me for some more time ??????????

I appreciate your patience and technical skills on this matter .. Good luck to you all !
:)
 
Originally posted by Ganguly
Waytoolong, Hopes2003, Sipak or anyone,

You guys look pretty knowledgeable in this thread..I agree with everybody that the whole GC matter is the most frustrated thing in the history of the civilized world !!

Well, my case is little bit sucked up !! Better to say that my current employer (employer A) is still not happy after sucking me for last 6 years ! They just filed my I-140 and they won’t do I-485 now till I-140 is clear and it’s in TX.
Click to expand...
They don't want to concurrently file your I-140 and I-485 because they want to keep the ball and chain on you for as long as they can.

Originally posted by Ganguly
In the mean time, I got another labor approved from employer B (from other center than TX) and they are willing to file my I-140 and I-485 together so that I will get my EAD in 3-4 months.
Click to expand...
Take it

Originally posted by Ganguly
And the job situation is pathetic. I will be loosing the current client in 5-6 months and there is a rare feasibility that my current employer (employer A) would find a job for me after that. So they will dump me and have fun ! Ha ha ha ha !!
Click to expand...
hedge your bets with both company A and B. It is much safer with company B since the job offer from them will be for the future, it will not be affected by your current turmoil. Only make sure Company B is a stable one and can pay you the amount stated in the LC after GC is approved.

Originally posted by Ganguly
My questions are like this :
1.Can I continue two I-140 and I-485 at the same time (they are not from the same center) ? If so, at what point of time I have to stop one ?
Click to expand...
You can have two processes going and withdraw one eventually. I am not sure when is the right time - ask a lawyer. Basically stop one when you are pretty sure you are getting approved with the other.

Originally posted by Ganguly
2.Do I have to join employer B after they get my EAD ? Because there is a possibility that I will get a permanent position with the current client (employer C) after 6 months. If yes, how long do I need to stick with employer B ? If no, when do I have to join them ? Probably after getting the GC. If by then, they file chapter 11 or 12 etc, do I need to join somebody who can suck me for some more time ??????????
Click to expand...
You will have to work for company B for at least 6 months after GC is approved (if company B is the sponsor), to satisfy the intent clause in the GC process.

Originally posted by Ganguly
I appreciate your patience and technical skills on this matter .. Good luck to you all !
:)
Click to expand...
 
Ganguly

Ganguly,
I485 is your application and you may be able to file on your own along with (or just after) I140. Check with a lawyer.
That way you may be able to use AC21 and get into a permanent position with your client.
SDD
 
waytoolong, sdd,

Thanks for your generous quickie on this matter.

sdd, you are right that I can file I-485 now (with or without the help of the lawyer. But the problem is that my current employer may create bottleneck if any RFE comes and I need their help. Also, my current lawyer is selected by my current employer and they have some kind of deal (as usual deshi to deshi). So, I am sure that my current lawyer won't do this favour for me.

That case, I need a second lawyer because I am scared to do this by myself. Well, does the second lawyer need any kind of documents from my current employer/lawyer to file this I-485 ? I only have a copy of I-140 receipt notice, I do not have labor cert approval notice though. Do you know anybody who has done this ?
:confused:
 
If you hire a new lawyer they will procure all the requisite documents from your current lawyer. They will handle everything, it is their job.
 
Sorry Ganguly

Can't help you here. The company lawyers processed my I485, so I woudn't know.
SDD
 
Thanks, guys.. I don't have any choice with my current employer except waiting for I-140 to be done. Because they won't even let me file I-485 by myself. Well, I don't know whether they can legally stop me but they may very well screw my I-140 if they know I am doing it.

I may have to choose 2nd employer option and file I-140 & I-485 together and I really hate to open another loop and complicate my happiness..
:confused:
 
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