sachdev & MYX
sachdev:
my apologies, dude! my earlier post was actually directed at regbet2003, who started this thread, which i failed to make very clear. it wasn't a comment on yours... i know you're an old warhorse, with a scar or two more than me
what you say is right on the ball, too. while AC-21 does not at any point say that the applicant must have been employed with the original sponsoring employer for any length of time (let alone 180 days),
only that applicant's i485 should have remained pending for over 180 days, in actuality, starting with CSC, and now even NSC, adjudicators are asking for proof that all those invoking AC-21 worked for their original sponsors for at least 180 days, and are rejecting those applcations where the applicant changed jobs before 180 days.
i have posted earlier that this flies in the face all EB immigration law; the ironic thing about this is, if the applicant has
never worked for their sponsoring employer throughout the pendency of their i485, and can assure an adjudicator in responding to an RFE or interview with supporting documents from the original i140 sponsor that they will work for the sponsor upon GC approval (and never mention AC-21), then their case is adjudicated under the old classic law ("EB GC is for future employment"), and they can still get their green cards! of course, in this case, they absolutely have to work for their original sponsors for a reasonable length of time.
MYX:
for cryin' out loud, MYX, where on earth did you read in my post that i am implying that you should remain employed with your sponsoring employer for 5 years??!!
i said in my post that you should look up rajiv khanna's FAQ to find out more about what lengths of employment do and do not demonstrate your permanent intent. let me serve it here on a silver platter:
Q39 What is the indication of "permanency" while working with my employer after getting my GC?.
A39 The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.
here's a link to it:
Frequently Asked Questions : Green Card