Job Change question

pxkuma

New Member
Hello:

Could anyone of you please help me with some advice due to the recent movement of the dates?

I work for a major financial services corporation. My employer filed for my Green card as of August 15, 2006 and my I-140 got approved sometime in December. Based on the recent July bulletin, I am now eligible to file for the I-485 stage. However, three days ago I accepted a very plum management role in a different legal entity of my company. (To emphasize, this is what I would call my dream job). I am expected to start in my new role on July 1st. In addition, my amended H1B documents have NOT been filed as of yet. At that time (prior to the July bulletin), the company immigration lawyer advised my new manger to re-file the Green card process and recapture my old priority date of August 15, 2006. However as of today I am eligible to file for my I-485 and after constant pestering the company lawyer advised me (those rare moments that they take time to talk to you) that I have the following options besides the one mentioned above.

1) Option 1 - File for I-485 and wait for six months before moving into my new role – This is not feasible since the job is not going to be open at that time
2) Option 2 Move to my new job and file for my I-485 for my old job. However I will have to come back to my old job for a minimum period of six months once I get my Green card.

The questions for which I need your help with are

1)Is Option 2 worth considering and has it been done before by any of your clients. Furthermore, it will take years for me to get my Green Card and by then my old job will not be there for me in any shape or fashion. Nevertheless, I should technically have my EAD card after six months. Can I not change my job to another employer or another job within the company then? Would this process cause complications since I am technically moving from job that my EAD approval is not for? Anyone in this forum who may have done this?
2) I am aware EAD has tremendous advantages for my spouse but can I really change my job afterwards? In what cases is that possible? Would I need any sort of support from my company to make this happen? If I am indeed able to change jobs, what needs to be done by a new prospective employer? How burdensome is this to a new employer (By this I am trying to gauge my actual probability of leaving my company).

I am unable to receive any such information from my lawyer because they really represent the company.. I am sure there must be a few people who may be in the same boat so hopefully this question will help all of you. Any advice would be greatly appreciated

Thank you!
 
Hello:

Could anyone of you please help me with some advice due to the recent movement of the dates?

I work for a major financial services corporation. My employer filed for my Green card as of August 15, 2006 and my I-140 got approved sometime in December. Based on the recent July bulletin, I am now eligible to file for the I-485 stage. However, three days ago I accepted a very plum management role in a different legal entity of my company. (To emphasize, this is what I would call my dream job). I am expected to start in my new role on July 1st. In addition, my amended H1B documents have NOT been filed as of yet. At that time (prior to the July bulletin), the company immigration lawyer advised my new manger to re-file the Green card process and recapture my old priority date of August 15, 2006. However as of today I am eligible to file for my I-485 and after constant pestering the company lawyer advised me (those rare moments that they take time to talk to you) that I have the following options besides the one mentioned above.

1) Option 1 - File for I-485 and wait for six months before moving into my new role – This is not feasible since the job is not going to be open at that time
--------GC is for future job after I-485 approval
2) Option 2 Move to my new job and file for my I-485 for my old job. However I will have to come back to my old job for a minimum period of six months once I get my Green card.
---------------------------- 2)file the I-485
The questions for which I need your help with are

1)Is Option 2 worth considering and has it been done before by any of your clients. Furthermore, it will take years for me to get my Green Card and by then my old job will not be there for me in any shape or fashion. Nevertheless, I should technically have my EAD card after six months. Can I not change my job to another employer or another job within the company then?
------------------------yes
for more info you need to read USCIS Memo 2-3 times:
LATEST AC21 MEMO
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
http://www.usvisahelp.com/nw_vol4_iss7.html
 
Hello:

Could anyone of you please help me with some advice due to the recent movement of the dates?

I work for a major financial services corporation. My employer filed for my Green card as of August 15, 2006 and my I-140 got approved sometime in December. Based on the recent July bulletin, I am now eligible to file for the I-485 stage. However, three days ago I accepted a very plum management role in a different legal entity of my company. (To emphasize, this is what I would call my dream job). I am expected to start in my new role on July 1st. In addition, my amended H1B documents have NOT been filed as of yet. At that time (prior to the July bulletin), the company immigration lawyer advised my new manger to re-file the Green card process and recapture my old priority date of August 15, 2006. However as of today I am eligible to file for my I-485 and after constant pestering the company lawyer advised me (those rare moments that they take time to talk to you) that I have the following options besides the one mentioned above.

1) Option 1 - File for I-485 and wait for six months before moving into my new role – This is not feasible since the job is not going to be open at that time
--------GC is for future job after I-485 approval
2) Option 2 Move to my new job and file for my I-485 for my old job. However I will have to come back to my old job for a minimum period of six months once I get my Green card.
---------------------------- 2)file the I-485
The questions for which I need your help with are

1)Is Option 2 worth considering and has it been done before by any of your clients. Furthermore, it will take years for me to get my Green Card and by then my old job will not be there for me in any shape or fashion. Nevertheless, I should technically have my EAD card after six months. Can I not change my job to another employer or another job within the company then?
------------------------yes
for more info you need to read USCIS Memo 2-3 times:
LATEST AC21 MEMO
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
http://www.usvisahelp.com/nw_vol4_iss7.html



Dear Ginnu,
This is my situation can you please give your inputs


I used to work for company A, who filed my LC/I140. I resigned for that company and joined comapny B. Then the I140 of comapny A (EB3) got approved.
Now the dates are current. (Mean while after joining co B , we filed an EB2 LC and 140 which got denied).

Now co A will give me a job offer letter . If I file 485 thry co. A and if that 485 remains pending of 180 days can I invoke AC 21 at that time. (though I left company A 1 year before filing 485)
Point #2 in the attachement 4 above from Usvisahelp.com has some concerns regarding intent of hiring back/joining back. Will this be a problem.
Please shere your views/experiences

Thank you
 
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