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Job change after I-485 approval
- Thread starter tempgc
- Start date
Do you really need to wait....
... for a while after your 485 is approved? My wife and I have been living separately for the past 10 months, waiting for my 485 to be approved. I am hoping I can move within a month after I get it. Where can I find some official info. on this?
... for a while after your 485 is approved? My wife and I have been living separately for the past 10 months, waiting for my 485 to be approved. I am hoping I can move within a month after I get it. Where can I find some official info. on this?
From Murthy.com I-485 FAQs
Question 13. Leave my employer once I get my Green Card?
Now with the INS having issued its guidance in June 2001 on the AC21 law, it appears that a person can switch employers during the I-485 process if the I-485 has been pending for over 180 days and is not yet adjudicated and the offer of new employment is in the same or similar job. While the INS may use description of the job duties from the DOT or the O*NET, they have verbally agreed that they may be willing to consider a broader definition in the future. Also, besides job title and description, the salary with the new employer would need to satisfy concerns regarding the public charge provisions.
Clearly, the law before AC21 in Oct. 2000 required that a person continue working with the employer that sponsored their Green Card for at least 6 months or 1 year after obtaining the Green Card. Although AC21 allows the changing of employers if the I-485 is not adjudicated for 180 days, as explained in the above paragraph, there is no mention of whether there is any change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent" full time work with the sponsoring employer for the job advertised. Keep in mind that a Green Card job offer is legally considered to be a future job offer. Therefore, the employee must have a good faith intention to work for the employer after the Green Card is approved, and the employer must have a good faith intention to employ the employee after the Green Card is approved. Even if a person had worked for the sponsoring employer for several years while the Green Card process was ongoing, that would not count toward that future intention. Generally, 6 months to 1 year after obtaining the Green Card is a safe time period. AC21 law does not specifically address the issue of whether a person going through CP can show the same or similar job with a new employer or if the pending 180 day rule only benefits those who file for the I-485 to adjust status. In the June 2001 Memo, INS does not yet address this issue.
- RFEWaiter0401/tempGC
Question 13. Leave my employer once I get my Green Card?
Now with the INS having issued its guidance in June 2001 on the AC21 law, it appears that a person can switch employers during the I-485 process if the I-485 has been pending for over 180 days and is not yet adjudicated and the offer of new employment is in the same or similar job. While the INS may use description of the job duties from the DOT or the O*NET, they have verbally agreed that they may be willing to consider a broader definition in the future. Also, besides job title and description, the salary with the new employer would need to satisfy concerns regarding the public charge provisions.
Clearly, the law before AC21 in Oct. 2000 required that a person continue working with the employer that sponsored their Green Card for at least 6 months or 1 year after obtaining the Green Card. Although AC21 allows the changing of employers if the I-485 is not adjudicated for 180 days, as explained in the above paragraph, there is no mention of whether there is any change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent" full time work with the sponsoring employer for the job advertised. Keep in mind that a Green Card job offer is legally considered to be a future job offer. Therefore, the employee must have a good faith intention to work for the employer after the Green Card is approved, and the employer must have a good faith intention to employ the employee after the Green Card is approved. Even if a person had worked for the sponsoring employer for several years while the Green Card process was ongoing, that would not count toward that future intention. Generally, 6 months to 1 year after obtaining the Green Card is a safe time period. AC21 law does not specifically address the issue of whether a person going through CP can show the same or similar job with a new employer or if the pending 180 day rule only benefits those who file for the I-485 to adjust status. In the June 2001 Memo, INS does not yet address this issue.
- RFEWaiter0401/tempGC