anurag tandon
Member
My employer terminated me on 15th feb. My reciept date is 14th nov 2001. 180 days will be completed on 14th May.
Now I got an offer with similar position. My old employer will not inform INS regarding my termination and will not create any problem on my ongoing GC. My question is :
1. Can I join the new employer even before 180 days. ?
2. I already have my EAD card so can I work as 1099 employe and join the new employer after 180 days as a ful time employee. ?
3. Will INS California ask for pay stub for 180 days from the GC sponsered employer.
Please help Thanks
According to Carl Shusterman chat :
Termination is probably the clearest case where the
180-day portability rule controls. Although the statute does not
specifically provide, case law imposes an "intent" requirement on most applicants for adjustment of status under the employment-based
categories. If you are terminated from your job after filing Form I-485, for any reason, it is clear that the change of jobs was beyond your control and not because of a lack of intent on your part to work for the sponsoring employer indefinitely. Nowhere in the law does the location of your new job become relevant.
Now I got an offer with similar position. My old employer will not inform INS regarding my termination and will not create any problem on my ongoing GC. My question is :
1. Can I join the new employer even before 180 days. ?
2. I already have my EAD card so can I work as 1099 employe and join the new employer after 180 days as a ful time employee. ?
3. Will INS California ask for pay stub for 180 days from the GC sponsered employer.
Please help Thanks
According to Carl Shusterman chat :
Termination is probably the clearest case where the
180-day portability rule controls. Although the statute does not
specifically provide, case law imposes an "intent" requirement on most applicants for adjustment of status under the employment-based
categories. If you are terminated from your job after filing Form I-485, for any reason, it is clear that the change of jobs was beyond your control and not because of a lack of intent on your part to work for the sponsoring employer indefinitely. Nowhere in the law does the location of your new job become relevant.