job change from CA to TX

T

tihomg

Registered Users (C)
Following are the details of my case
CA-EB3-RIR-India WAC02-212-5xxxx
PD 4/30/01
RD/ND 6/20/02
EAD 9/17/02
FP 8/1/02 (San Jose)
Processing Resumed 8/6/2.


I have been laid off by my GC sponsoring employer( in California). I have EAD but < 180 days since 485 application. My employer has agreed to keep me on leave-of-absence till 180 days requirement is met(1.5 months from now). I have found another job in Texas, and want to join new employer on EAD and retain primary employment with CA employer on EAD for 1.5 months. I could not find any information on the web relating to changing employers in different geographical regions and how it impacts i485. Will my i485 application have to be transferred to TSC? My understanding is TSC is much slower as compared to CSC.

Inputs will be very helpful and greatly appreciated.

Thanx
 
Yes TSC is way slower (by 2 years compared to CSC). You can change employer , no restrictions on geographical location. You should try to maintain a residential address in CA so that your case is not transferred to TSC. With the cooperation of the current employer, you should not face any RFE issue and might get 485 approved at csc itself.
 
wouldnt that be a problem?

If I work in TX and maintain residence in CA even after my employment terminates with CA employer (cant stretch beyond 1.5 months), wouldnt that be a problem? Problem in the sense that if I get RFE or interview wouldnt INS find out that I should have transferred the case but I havent? What is INS requirement on case transfer? Does case absolutely have to be transferred if one changes residence to another geographical area? Or is it dependent on residential address?

Thanks alot
 
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Case transfer is based on the applicant's "permanent" residential address. You cannot enjoy texas's tax benefits and still maintain that your residential address is in CA.
However you can make your CA address "permanent" and can keep waiting for GC approval.

The concerns are
1. Requirement that you work for original employer after GC approval :- this is a grey area. INS regulations-(if they come) might throw a wrench or extend AC21 to all GC holders

2. Inability to exercise AC21 portability because, you are still in california. :- I would take two stands in this regard
A. I changed my employer (so claim portability) but maintain permanent address in CSC jurisdiction.
B. I changed employer a week before I485 approval.

Maybe you should consult a lawyer . Once you have taken a decision, it will be costly to vacillate the other way. So You have to weigh the risks and take action
 
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