Mr. Jim Mills Please reply ! Urgent

A

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.
 
My understanding is things are different in California (CSC)

From what I understand, CSC requires the person to have worked for the sponsoring employer for the entire 180 day period from the RD of the I-485 to benefit from AC21. Check this out carefully because, if true, your I-485 will most likely be denied. Ofr course, all may not be lost since it\'s possible that implementing regulations for AC21 will be published and they could change the way CSC handles things, or they could make all the other service centers operate the same way.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

Hi Jim,

I personally want to thank you for shedding light on gc matters that you provide on this forum.

If the situation of "ingwait" happened at NSC, does he have to face the same potential problems like at CSC?
 
There is no law on this issue

Q. What if I get laid off after filing I-485 before the 180 days of pendency?
A. The law says that you will get your Green Card if two conditions are met. One the 485 remains unadjudicated (undecided or pending) for 180 days. And two, you get a "similar" job elsewhere. I see no requirement that you have to be employed by the petitioning employer for 180 days. But the law is not clear. INS could require that you must continue to be employed with the petitioning employer. I certainly think we have a good argument to the contrary. Some of the INS lawyers I have spoken with, agree with me.

One word of caution. If the employer writes INS and withdraws the job offer officially before the 180 days, the situation could change. INS could then deny the pending I-485.

Law Offices of Rajiv S. Khanna, PC
 
Advice on ins

James, I have applied N400 recently waiting to be FP. I have a record (Misd - loud in the public) I stated on the application. Is it possible to denied my citizenship?
 
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