Job change before 180 days after I-485

G

gctechie

Registered Users (C)
Hi gurus,

Here is my situation. My I-485 receipt date is October 21, 2003 which means April 21st is the end of 180 days. So i have 1 more month to go before the portability kicks in.I got laid off recently and iam on the lookout for a job. The question is if i accept new employment now on my EAD and my employer does not revoke I-140, will i be safe after April 21st? Does INS require you to be working with your sponsoring employer for atleast 180 days after filing I-485? Also if i file for AC21, do i have to show the paystubs for the 4 months prior to my submitting the AC21 or is it the 4 months prior to my accepting the new job? Say if i didnt have paystub for April, does this mean i'll have to work for 4 months after April and then only submit AC21?

If somehow i manage to convince my employers to remian on payroll / not to inform INS till April 21st, will i be ok?

Please help!
 
The law is not very very clear on the days you have to be working- in the sense what happens if you quit earlier. It says you can change job after 180 days.
But if you are laid off- rather than quit- BCIS will not mind. Also your employer must not revoke 140 mean while. They can only revoke it within the 180 days pending period. Staying on payroll etc should not matter in any significant way.

You can join new employer now with EAD. It should not have any impact.

HTH
 
somehow make sure that your ex-employer does not attempt to revoke your I-140, then find another job - everything will be ok.
 
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