Job change, center change, please help

M

macchar

Registered Users (C)
Here are the details about my case,

WAC02033 case, FP done once, no rfe or 2nd fp or anything since then

Always been in CA, love it here, sad to leave. (New job is in MD)

Currently working on H1 extended, not stamped on passport, for a typical desi consulting company in california. This is the company that filed for my labor/140/485, well over 180 days now.

New job, and better salary. By God's Grace, I have never fallen below my labor salary. (And also I am pretty damn good might I add ;) ).

Current labor's job desc is "Project Manager", new job desc. is "Project Architect", old salary 90,000 with minimal benefits/new salary 110,000 with much better benefits (Stock/401K blaw blaw, haven't read the offer letter thoroughly yet).

I have EAD (renewed), but no AP. This job will be on W2.

Here are my questions,

a) Do I need to inform INS about job change?
b) Do I need to change lawyers?
c) My center will change I presume, does this mean case transfer 100%?
d) What is the expected case transfer to interview time in Baltimore MD?
e) What documents should I take from my old employer?
f) Do I need to communicate about anything to my new employer? (He hasn't asked me anything except .. are you authorized to work here .. and I said .. yea sure I am).
g) My old employer is gonna have a coronary when he hears about me leave, so he is gonna try his tricks to keep me, but my mind is more or less made up. It is almost inevitable that I will have to leave at bad terms (Hey it's his loss is my view), ... do I stand to gain anything by establishing good terms with him? .. considering that good terms come at almost a bend over price !!

Any other advice you guru folks who know more than my lawyers can add.
Thanks,

Macchar.
 
Last edited by a moderator:
ek machchar !!!

admi ko hijda bana detha hain!!!! (j/k)

if you were so long with the consulting firm, and if he still gives you trouble, that sucks man!
on an approved 140, murthy.com says that if ur 485 is pending for more than 180 days, you should be okay (but it again depends on interpretation).
 
Hi

I heard something about some locational specification in the Labor approval, that might have an effect on where you move to? Please check as this is only something I have heard being mentioned, but am not very clear myself.

Separately, I am amazed to see someone moving away from CA. All my friends who ever land there get sucked into it and refuse to leave. In fact, they refuse to believe that civilization exists outside CA :)

Bye
 
You know how desi consulting companies are, blood suckers. Anyway, I do thank him for bringing me here, but I think I've done enough for him.

And yes I do agree, that their attitude sucks, but it is the American laws that let them do this.

CA is awesome, I love it here, and don't wanna leave, but here are my reasons of leaving,

a) Real estate cost .. it's high and inflated.
b) Social structure - The state is bankrupt
c) Tax rates - I am single, I pay too high tax.
d) Car insurance (Well NJ is worse)
e) Too many single desi's in the bay area, no mojo going.
f) Job market.

Non-immigration talk aside, what about informing INS of address change, job change, all those other details? I am sure my salary is higher than the average salary in that area for my job profile, so I am not worried about that.
 
I live and work in NJ. But my 485 is pending in CSC(My company head quarters are in CA)My attorney told me that you shld apply EAD and AP in the service center where you have applied your 485. Again double check with your attorney. Till now CSC issued 2 EAD's and 2 A.P's to me. Hopefully i don't have to wait for 3rd.
PS
 
First you have to tell BCIS that you have changed address. This is very important - form AR-11 if I rmemebr correctly. All GC holders and non-immigrants have to do this .

Then if you are also changing residence from CA to MD with no intention of going back i.e. it is a permanent move and not a temporary assignnement then you will need to get your 485 transferred to the service center for the new state . This I beleive will , sadly , push your case back to the beginning of the queue in that center , not 100% sure of that but that is what I have heard. So that really sucks.

On the other hand it is possible that CSC will process your case before it gets transferred !

As usual it is best to talk to a lawyer.

I also left CA like you , and I miss it . You do get used to big cheap houses elsewhere but only CA has good weather and no freaking mosquitos. Good luck and talk to a lawyer.
regards
 
Dammit I hate mosquitoes.

Anyway, when you say, "push your case back to the beginning of the queue in that center , not 100% sure of that but that is what I have heard" .. what is the basis of that statement? I thought by such a move the worst that could happen was a local office transfer.

If my case goes to the very bottom, then I'll be waiting till I'm 50 .. correct? Have there been any cases where folks have gotten approved without a txfer?
 
well we went through a transfer and our company lawyer told us that our case could be transferred from CSC to TSC ( Texas) and that it would go to the bottom of the pile. His suggestion was to try to keep residency in CA so that the job change could legitimately be considered a a temporary transfer , which it is, and we can state that our intention is to move back to CA, which it is. That way the case did not have to be transferred out of CSC.

Of course the lawyer could be wrong, on all counts so no harm in getting advice yourself.
 
Hire your own lawyer in MD district...There are three cases pending in that district where BCIS tried to deny because of change in service center. Results in those cases has not come back, so no clarifications has been made...So, I think you should get your own lawyer.
 
StillWaitinCSC, could you point me to more information on those 3 cases?

As far as I know, address change, including service center change cannot be a reason for denial. That is something that can be challenged, albeit a headache.

Also, changing svc. center does not necessarily mean transfer to local office, and certainly not bottom of the pile .. thats just my info.
 
Machaar,
I moved from CA to GA a year back and I informed INS about my change of address thru AR-11 form and updated my address over phone.

Ofcourse, I didnt change job. Nothing happened so far. You dont have to do anything for transferring your case to your new geographical area. That MIGHT be done by BCIS, if they think its necessary (may be on a random basis, because its BCIS).

Two weeks back I moved here within the city and changed my address usign AR-11 and faxed the address-change form given in the CSC guidelines. (see link below)

http://shusterman.com/pdf/csc2003.pdf

Things to be done by you:
1. Send AR-11 form without fail, within 10 days of your official address change (its the law)
2. Fax the address change form to CSC as per the guidelines
3. Be happy till you hear from BCIS. You dont want put yourself into trouble by talking about your case transfer, when BCIS plan to adjudicate it in CSC itself.

Hope this helps..
 
Thanks Atri, since you have first hand experience, I'll take it as the truth.

I will file for AR-11 ASAP, but as Silly man asked above, do I file for my AP at VSC or CSC?
 
I asked coz I didn't know the answer, or I would've answered it :).

Anyone know? I am sure someone does .. c'mon shake a leg folks.
 
macchar here are Rajiv's answers :)

a) In the Baltimore area, does that lead to denial of case?
+++++++++++++++Of course not.
b) Does that send your application to the bottom of the stack?
+++++++++++++++++++++++++No.
c) Does that necessarily mean a case transfer?
++++++++++++++++++As far as I know, that is upto their discretion. I am not aware of any uniformity of practice.
 
yo

not sure if this increases ur understanding or confuses more. my situation:

1. was living in TX and applied for 485 in CA(labor and 140 also were approved in CA). -Dec 2001
2. company got bankrupt and got acquired. new company's lawyer informed INS of this and applied to appear as my attorny.-Sep 2001
3. applied for an EAD renewal and AP -Dec 2002. for some strange reason, INS asks us to apply for EAD in TSC, but left AP. we did that and got an SRC case number.
4. moved to OH and informed INS by AR11. - Jan 2003.
5. got approval for AP to the old TX address(my friend still lives there and i did not change address through the post office) -feb2003.
6. after 3 months of applying for EAC and not recieving one, I go to my local INS in Cincinnati, OH and get an interim EAD.-March 2003
7. got rfe for EAD(they needed another set of pics.). this came from CSC though and went to my TX address. looked like INS had sent the EAD app back to CSC -May2003
8. replied for rfe and got an EAD approved. sent to my TX address.-June 2003
9. spoke to my lawyer of why they are going to my old address. they checked by calling and confirmed that the address change was not in the system. it has since been done. -July 2003
10. of course, i am still waiting for my 485 approval.

bye
 
Machaar,
Apply for your AP wherever your 485 is pending. I guess its CSC. That will be faster as they have all your files till now, even though the instructions say that you can apply at the local BCIS office which has the jurisdiction of your geographical area.

Before you apply for your AP, if you get any notification fron CSC that your case has been transferred, then you might have the option of applying at the CSC or the transferred office.

We applied for our APs and EADs in CSC only even after moving from CA and haven't had any problems in that.
 
Machaar,

You need to apply EAD/AP renewal applications with CSC.
I moved in march to WA state from irvine, CA. while my 485 is pending with CSC since feb,2002. Our lawyer applied for my EAD/AP renewal at NSC since WA falls under NSC. But after 3 months wait NSC decided to transfer my case to CSC since my original 485 application is pending at CSC. Meanwhile I got my iEAD from seattle office. Need to see when CSC will process my case.
 
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