job change after GC approval

T

tp72

Registered Users (C)
My spouse's 485 got aproved some 4 months back , but my 485 applied as "derivative status" is still pending.

Can my spouse change jobs without affecting my GC approval..

ANy ideas will be helplful.
 
Originally posted by Silly Man
Given AC21, I think yes. Is this job change .. to a different state?
Click to expand...
AC 21 applies as long as I-485 is pending. In this case, the primary applicant's 485 has been approved and that primary appliicant plans to change job. AC 21 does not come into the picture at all.
 
lsamp I agree, but what I meant was, even without AC21, ur safe, with AC21 ur definitely safe.

I was assuming the case if in case the derivative gets an RFE, which asks for EVL .. the new job EVL would be just fine.
 
That's another major gray area. Since they removed the requirement of 2 years to stay with the sponsoring employer, nobody's sure how much time one is supposed to wait after the Green Card before changing a job.

Generally, 6 months are perceived to be the "minimum of reasonable safety". Also, generally, it is not about that the Green Card can be revoked as a result of an arbitrary internal audit in INS, but about the future Citizenship application.

In this case, you are still tied to INS by a pending application. So, given that the dependant's AOS is still in process, I would definitely refrain from changing the job now, not until at least 6 months are passed since the Green Card.
 
Originally posted by tp72
My spouse's 485 got aproved some 4 months back , but my 485 applied as "derivative status" is still pending.

Can my spouse change jobs without affecting my GC approval..

ANy ideas will be helplful.
Click to expand...

tp72, talk to a lawyer before your spouse decides to make the switch. The employment based green cards are approved with the assumption that the candidate wants to work with employer permanently. Switching the job too soon may violate this assumption and may cause bad things in future.

You may want to find out more.

Bitterman, I couldn't agree more.
 
Last edited by a moderator:
another quick qs.

my spouse is not working for employer which sponsered i 140 , while 485 processing we gave information from new employer.

so in a way his 485 was approved based on AC21 only..since anyway he is not working for sponsering (old) employer does it matter if he changes employer again.
 
Why would it be a problem for dependent when primary applicant can leave the sponsor after 6 months of ND using AC21?

I switched my job after my GC and my wife had interview after that but this question never came up during interview.

Though she has not received approval so far even after 4 months of interview.

so in a way his 485 was approved based on AC21 only..since anyway he is not working for sponsoring (old) employer does it matter if he changes employer again

No it does not, at least on your case. It might effect after 4 yrs when you will be going for citizenship, but who know what will happen after 4 yrs.
 
Originally posted by vipsha
...It might effect after 4 yrs when you will be going for citizenship, ...
Click to expand...

Or possibly during an INS audit (triggered internally or externally such as unemployment compensation etc.)
 
Re:

My guess is, changing jobs by the primary applicant will not affect the derivative. As primary is already approved, derivative's application must be approved (exceptions are medical and criminal records) and its just matter of time.
If the questions is can primary change jobs after 4months? thats a big grey area.
 
I-485 Cases using AC21 Portability

From muthy.com.
Under pre-AC21 law, a person had to work for the sponsoring employer for a reasonable time after receiving the "green card" to avoid any potential future findings of fraud or misrepresentation. A reasonable time is a fact-specific matter, but many attorneys recommend a minimum of six months and preferably a year or longer. Therefore, it is best to make it clear exactly which employment offer formed the basis of the I-485 approval. In some cases, the BCIS may approve the I-485 either before receiving the information on the change in employers or before their mailroom processes that information. It is best to notify them upon switching employers so that the BCIS records will reflect their having received the appropriate documentation when the person files for citizenship.

Failure to notify the BCIS of a change in employer may, at the very least, cause confusion in the future if the case is ever reviewed. In other instances, it may be deemed as fraudulent not to notify the BCIS. This review could happen if the person has any inappropriate immigration or criminal involvement. For law-abiding individuals, the case will be reviewed if the person seeks to naturalize to U.S. citizenship. In order to naturalize, the green card must be obtained in a legitimate manner. For employment-based green cards, the length of employment with the sponsor following green card approval is important in the BCIS determination of whether the approval was properly issued. We still do not know how AC21 has modified the pre-AC21 law in this regard but it makes sense that there must be some leeway.
Click to expand...
Here is the link.
http://www.murthy.com/uk485cas.html

Hope this helps,
 
Thanks srohit

Now one more question , Do we need to notify BCIS for every job change after 485 approval...

Thanks
 
Here's some info

Once I was reading a Vermont Thread. I remember a little bit not the whole story.

Primary candidate was approved prior to the derivative as always. Later after some time, derivative was called for an interview and INS local office denied/put a hold because primary is not working for the same employer. I dont know what happened after that. Better check VSC thread once again.

I dont remember any more details... I will try to find the thread and post again.

Search for that thread in VSC area you might find it

JM
 
Originally posted by srohit
Or possibly during an INS audit (triggered internally or externally such as unemployment compensation etc.)
Click to expand...

Does this mean one can not change one's job or take a break after getting GC ? Am I reading this right? Please elaborate.
 
Re: Thanks srohit

Originally posted by tp72
Now one more question , Do we need to notify BCIS for every job change after 485 approval...

Thanks
Click to expand...

tp72, SM is right in saying - "No. But address change yes."

Originally posted by mango_pickle
Does this mean one can not change one's job or take a break after getting GC ? Am I reading this right? Please elaborate.
Click to expand...
mango_pickle, please read this completely-

http://www.immigrationportal.com/showthread.php?s=&postid=518551#post518551

thanks,
 
Last edited by a moderator:
I don't understand. srohit post /link above says that BCIS needs to be notified so they can verify when filed for citizenship, SM says that you don't have to notify.

Meaning, you don't have to notify unless you plan to apply for citizenship??
 
You must log in or register to reply here.
Top