Job Change before 180days after applying I-485

C

CBR

New Member
Hi Guys,
I was going thru Shusterman\'s website\'s 180day portability explaination. I saw this line. "If an applicant for adjustment of status changes jobs 60 days into the 180-day period, she is home free as long as the INS takes over 180 days to decide the application. "
I could not understand it properly. Does it mean that I can change jobs even after 60days after applying 485.
Cant my gc sponserer(current employer) cancel my i140 if i change my job before 180days??

Thanks
cbr600
 
There are no implementing regulations for AC21 so nobody really knows anything

If you want a more restrictive opininion see www.usvisanews.com and research it there. In a chat session there recently there was the following question and answer:

5. My I-485 filing date was August 22, 2001. I just got my advance parole and EAD. My current company is in bad financial shape. If my job can last until February 22, 2002 (180 days) then I was hoping to get another job at a more stable company. Can I do this and if so, what steps do I need to take?

A: That is a difficult question. On the one hand, under AC 21 the facts of the I-485 pending for at least 180 days and a new job offer for the same position with a different employer would allow your I-485 to proceed despite the change in employers. Procedurally, you would only need to write a letter to the INS as to your change in intent regarding employers, and the Service would then respond with a request for further information as to the new employment. The sticky point is that throughout the process, your I-140 employer is supposed to have the intent to employ you upon your attainment of permanent residency. (And likewise you must intend to work for the I-140 employer at the end of the process.) If the intent changes sooner than 180 days into the I-485 then, at the point it does, that I-140 is no longer a valid basis for your adjustment.

Different attorneys have different opinions. It just depends on how risk adverse you are.

Jim
 
I had some serious differences with my employer. It really feels horrible to stay with this company. I just wanted to check my options. I think I should not think about self-respect and just bear the humiliation.
CBR
 
the cost of respect

well, my friend. everything has a cost, and here it is your GC which is costing your self-respect. if you are like Gandhi, you may start some movement, but that will have a cost too. we can argue for hours on the legal issues, social values, and GC., but let\'s face the reality.
 
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