Job changed 5 days before case approved!
- Thread starter BigMouth
- Start date
What is the option now??
Jackolantern
Registered Users (C)
Wait until you see the date on the approval notice and the "resident since" date on the green card. If the dates make it easy to prove that you changed jobs before approval, and you have already worked at least 180 days for the original sponsoring employer after filing the I-485, at the citizenship interview you can defend your position by saying that you changed jobs not knowing that the green card was soon going to be approved, so you were not simply waiting until approval to run from the job.
Another option is to wait 6 years or more before applying for citizenship. The application form only asks for the most recent 5 years of employment history, so if you wait 6 years it won't be obvious that you left the employer so soon (although if they choose, they can ask about more than 5 years back in the interview).
Another option is to wait 6 years or more before applying for citizenship. The application form only asks for the most recent 5 years of employment history, so if you wait 6 years it won't be obvious that you left the employer so soon (although if they choose, they can ask about more than 5 years back in the interview).
I got the GC and approval notice and I changed the job 5 days before date shown on GC (residence since) date. I am talking to my old employer to keep me in payroll for part time for next six months for approx. 8-10 hours per month. Does this work??
Jackolantern
Registered Users (C)
If you worked for the original employer for at least 180 days since filing the I-485, and the new job is "same or similar", don't worry about it. Your actions are easy to defend; obviously you couldn't have predicted that the GC was going to be approved 5 days after your job change. Now, just make sure you stay with the new employer for at least a few months, since they effectively became the new sponsor upon your job change and you were with them at the time of GC approval.
I worked for original sponsored employer for more than two years and at last found out that my name check is pending so that its not going to happend in next 6-12 months to have approval and took decision to change the job and as soon as I change the job, I got megic email for approval. Did not get chance to send AC21.
Jackolantern
Registered Users (C)
You worked for them for two years, but how long did you work for them after I-485 filing? If it is at least six months, don't worry about it. AC21 allows changing jobs six months after filing I-485 and prior to I-485 approval, and it is not a requirement to submit the AC21 documentation, although sending the documentation defends you against the employer revoking the I-140. Obviously, I-140 revocation is no longer possible.
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I think you should feel lucky it happened before you became permanent resident, not shortly after green card. Because, as pointed out, the law explicitly permits change of jobs after 180 days in the same category. But after you take Green card, a lot of questions may be raised about the kind of relationship between you and employer, and if any misrepresnetation of intent was involved in the sponsorship.
StillPatient
Registered Users (C)
Pardon my ignorance, are u talking about "I-140 revocation is no longer possible" just for this case since I-485 has been approved, or is there any new law which states that I-140 cannot be revoked.
Warm regards,
-Still
Jackolantern
Registered Users (C)
I-140 revocation is now impossible for this case. Not in general.
I worked for my sponsored company for more than seven years and worked two years after fileing I485 filing.
No problem
Guy's
I also changed the job 15 before my application approved, and before that i changed my job 1 year ago and before that i stayed with the original sponsered employer for 5 years.
Not once i filed AC 21,
I think since i changed my job before approval of I-485 it's not a problem
.
Thanks.
Guy's
I also changed the job 15 before my application approved, and before that i changed my job 1 year ago and before that i stayed with the original sponsered employer for 5 years.
Not once i filed AC 21,
I think since i changed my job before approval of I-485 it's not a problem
.Thanks.
It actually might be the issue for you. Your I-485 was approved by USCIS under the conditions of the previously approved I-140. So, approving your I-485, USCIS assumed that you would work for the sponsor, filed I-140 on your behalf. If they knew, you had changed the employer, they might have postponed your approval in order to verify that your new position is similar what was described in the approved I-140 They might have also scheduled an interview for you. So, if I were you, I wouldn't feel warm and fuzzy.
Guy's
I also changed the job 15 before my application approved, and before that i changed my job 1 year ago and before that i stayed with the original sponsered employer for 5 years.
Not once i filed AC 21,
I think since i changed my job before approval of I-485 it's not a problem
Thanks.
TheRealCanadian
Volunteer Moderator
I would. AC21 clearly permits him to do what he did; USCIS may want some info at N400 time about the job for their files, but I expect that to be about it.
If USCIS had a problem with this, they'd make claiming AC21 relief mandatory. They have not.
This might be a red flag for USCIS at the time he files his N-400. So, he will have to prove, that his new position was similar to I-140 described. Now, what if the interviewing officer (in 5 years) disagrees with that? What if (s)he makes a decision that the positions are not similar?
The law allows him to change the employer, but only if the USCIS (or another imm. authority) considers this job change valid (according to the law, of course).
That's why it's highly advisable to let the USCIS know about AC21.
Again, he certainly can use the law, but he can't make a judgement if he uses it in the right way.
The law allows him to change the employer, but only if the USCIS (or another imm. authority) considers this job change valid (according to the law, of course).
That's why it's highly advisable to let the USCIS know about AC21.
Again, he certainly can use the law, but he can't make a judgement if he uses it in the right way.
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Guy's
Don't worry to much about law's, if the law permits what you are doing(to do the employment change) then do it correctly.
I am not too much worried about citizenship.
Thanks.
Well, if you're 100% sure you used the law in the right way, and you're 150% sure you can prove it in 5 years (especially if you don't care) then just enjoy your "green freedom".
TheRealCanadian
Volunteer Moderator
Then one appeals.
Yes, but taking your example, USCIS could decide at the naturalization stage that the job shift didn't meet AC21 even if they did approve it at the time. I wouldn't spend too much time worrying, or seeking USCIS' approval. Everything I've seen in over six years of tracking AC21 is that they've taken a pretty generous and common-sense interpretation of the statute.