< 180 Days and a very good offer from another company

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Gajesh

Registered Users (C)
I applied for I-485 Adjustment of Status with CSC in June 2001. I have got the receipts as well for filing I-485 and I-765.
So far, I have not received my original EAD. But I went to INS, SFO to collect iEAD and this is valid until end of January 2002.
I have not completed 180 days since filing I-485 through my current employer but I have a very good offer from some other company difficult to refuse. ( I still have 30 days remaining for completing 180 days since my receipt date of I-485. )

My questions are.
1. Can my current employer put me in trouble by revoking I-140 or I-485 application ?
2. What steps should my new employer take after I join them on iEAD ?
( I have already completed 6 years on H1B and currently on 7th year extension from current employer. )

Thanks in advance
 
for gajesh...

gajesh.. I have no idea... but you might want to consider the following (from murthy chat http://www.murthy.com/chat1022.html
---------------------------------------------

Chat User : Why CSC not considering portability for AOS?

Attorney Murthy : It is considering portability, but not unless the job change occurred at least 180 days after the AOS is filed, unlike the other INS Service Centers which seem to take a more liberal view of the AC21 law. That is why we need the INS to issue its regulations so that there is uniformity in the implementation of the law.
 
Do not hold me countable for this, but I think it\'s better safe than sorry.

Is there anything that you can do? Can you talk to the new company about a 30-day wait? Or can you start work part time for the new company? Anyway, gook luck!
 
No Title

We do not know all the details of your particular situation. Also YOU will have to live with your own decisions so think things over and over again. Of course, as a last resort you can always blaim the failures in your life on uninspired advices in anonymous internet boards. I wrote this message just to make sure that you have this option ;-)

If I were in your position I would prioritize the following aspects:
 - the better salary - major argument if you can retire in 1 year with how much you are making. Do not forget taxes.
 - your reputation - unless you can retire in 2 years this may be important
 - long term benefits of the GC - do not jeopardize your life
 - harm you are doing to the current company - part of it may reflect back on you
 - uncertainties of a new job - the other grass is always greener, specially at the job interview
 - AC-21 interpretation issues
 - how good are you - can you do 2 jobs in parallel?
 - other things that you have not mentionned in this board

One possible scenario would be to work part time/weekends for the new company until MORE than 180 days are over. After 180 days + comfort period are history get an employment offer from the new employer and GIVE 1 MONTH NOTICE to the current one.

Get a really good immigration lawyer. That may be in the $3-4k. Deduct this new expense from your salary increase - is it still worth it?

Sit down with the new employer and explain them why you are giving notice and that they need to wait on you. The new employer will appreciate your professional attitude - at some point you may be leaving them. If the new company really wants you they will wait for you.

When the time is ripe sit down with the old employer and explain them as much as you are comfortable explaining. References are always needed. You have to minimize the harm that you are doing to your current employer and make them comfortable with your departure. It is a small world and temporary monetary benefits will not repair your damaged reputation. You may propose to work part-time/contractor to wrap up contracts.

If you put your current employer in a really difficult position they will come after you, specially if they lack success or money or inner peace or unameit. If they make enough noise your chances of getting an INS interview may increase dramatically and this will delay your case by at least 6 months. Wondering for 6 months what will happen at the interview is worth at least $500-$1000 per month. That I know for sure :)

Just to close the loop, you may get an interview even with the current employer, or he may go bankrupt and your application can be denied and then you will be deported. Even worst things can happen, like a plane hitting your office building or your neighboor may be opening a small pox letter as you read this message.

And of course there are other things more important in life than work or the GC.

It\'s YOUR life, choose wisely.
 
Its you who has to decide if its worth the risk

Good God! I didn\'t realize people start thinking of so many wiered things while waiting for GC :)

--sviv
 
Proactive, I agree on some points that you made.

I have always thought of one thing, one thing that I have not brought up on this board. I agree with you on that we should be responsible for the current employer. One recruiter told me last year that many companies are reluctant to hire people from certain country because many people left the sponsoring company once after they got their green card. (I will not disclose which country it is, so do not even ask, please! Plus, it may not even be true.) Certainly, it is not for me to judge whether it\'s right or wrong. However, deep in my mind, I would always feel sorry morally for the company that sponsored me if I did it. That\'s why I did not even start immigration process while I was with a company that I was not sure that I want to stay very long. I am sure their will be and have been arguments against me on this. And I know I have wasted some time and missed some very good opportunities since I was not a PR. Whether I would do the same thing again or not, I do not know. However, as ProActive said, it\'s my life, and I chose that way. And I have no advice that I feel comfortable and perfect for anyone else.

As for reputation, it is not only important to keep a good reputation for ourselves, we should also consider our fellow immigrants that will follow us. But again, it\'s hard to draw a clear line. The sponsoring company may have intentionally paid the employee lower salary knowing that you have not much other choice, in that case, you have been taken advantage of, not the other way. There may have also been other bad situations that the employee had to put up with. I am sure many people will agree with me on this. In this case, one would want to get out as soon as he can, which probably means as soon as you got the paper work. So, we should judge our individual situations wisely. It is all about our judgment and our heart.

What\'s important is: Do your job while you are at it; Know from your heart that you are not taking advantage of others; If you have to make a choice that you can justify, leave in a considerate way and do not burn your bridge behind; Bear in mind that we have both high education/credentials and high morale; In the meantime, do not get taken advantage of, at least not for long.

This is not an advice for anybody, it is just a thought that I want to share.
 
No Title

Sviv, part of this process is called engineering:
 - come up with a list of possible issues/outcomes
 - assign them a metric (in this case $$ and risk)
 - take a decision based on it

That\'s for the brain part and it has important limitations when dealing with real life issues. Then you throw the heart in the equation and all the bets are off :)

Good luck!
 
No Title

Henry,

I am glad we are thinking alike on this topic. Note that there are 2 somehow unrelated issues: professionalism in your relations with the employer and the immigration/abuse related issues.

I have seen American citizens leaving the job on a one day notice and their managers never forgot that. It is a much smaller world than some of you realize.

Of course you should not take abuse either. Same point, immigrant status give the other party a little bit more leverage, however abuse exists outside of the immigration realm.

The point I am trying to make is that you have to make a decision based on your immigrant status (duh!). However, I always like to re-do the logic a second time with the added step of eliminating the immigration aspects from the equation and see if I reach the same conclusions. Sometimes immigration status is irrelevant and identifying those situations help me feel more free.

Take care!
 
I agree, ProActive.

It\'s sad that our professionalism is sometimes tied to our immigration status. It\'s absolutely right that we still have to deal with the issues of professionalism and abuse even without the immigration issue. The world is never (or has never been) a perfect place. Although it\'s not always easy to do, but one should try to be truthful to both himself and his professional organization. I feel very satisfying that we have many people that stay with principles while desperately waiting for the immigration process done. I truly believe that people with principles will prevail given time.
 
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