Need Advice! At what earliest time can I switch a company during I-485

A

AUSTechWorker

Registered Users (C)
Ciba/All,

Can someone please throw light on any possible way a person can switch employers without having to wait for the complete I-485 approval all the way?

I may be laid off with my I-485 in progress...I don\'t even have a ND, my lawyer sent the 485 petition two weeks ago.

Please Help!
 
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Hi AUSTechWorker,

Generally speaking, you can only change job if your I-485 has been
pending for 180 days. If yours is less than 180 days, you will
have to start the whole thing from the beginning.

ciba
 
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even 180 days rule has not yet been confirmed by the INS. There is also a possiblilty that your case might slip through the cracks in INS but it is better to be prepared. If u loose your job now, u need to start over again but can keep ur PD. if u loose ur job after 180 days of RD of 485 then there is a good chance that by then, the rule might be implemented by INS. keep in good terms with the company, prob. they might keep u on payroll for 180 days
 
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Thanks Ciba and HariA!

Is it true that if your employer doesn\'t explicitly ask INS to revoke 485, the petition can still continue on even if you are laid off? Is there any step in 485 that requires to prove employment via paystub etc.?
 
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If your company is ready to continue your GC Process, then you don\'t have a problem. When you go for passport stamping (after approval), they won\'t even ask you whether you are working or not. It not required to be employed once your 485 is approved. So let your company process your GC and you must be ok.
 
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Dont know whether company will be willing to *not* tell INS that I was laid-off.

Hopefully I\'ll be on payroll for next two months or so and a miracle happens and INS approves my 485...deep sigh!
 
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After I filled for my I-485, INS did not ask for any more documentation and then I got my approval. So if they don\'t tell INS about you getting laid off, then you should be OK. In smaller comanies they don\'t really know the rutine, so it may work in your favor. In larger companies like Adobe System (where I worked long time ago), they do know the rutine and they do file papers with INS letting them know you were laid off. Fortunatly I never had to face this, but if you are working for small company and don\'t raise this issue, it may slip throught the cracks and you get you approval.
Good Luck.
 
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Try the following,

1] See if you can request them that you will rather like to go on a vacation rather then getting laid off...this will be a paid leave.

2] Tell them that you are willing to pay them the cost of your GC processing.

3] Ask them politely if they can just keep you working or on the payroll till the 485 is approved.

4] Last thing, if they refuse to all of above, see if you have anything well documented against your boss/management or the company, just tell them that you are going to sue them for all that...

Many of us are in the same boat, so dont get tense, just keep doing what you need to do.....
 
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I am unfortunately with a very big company (70,000+) people and they would\'nt bend for me or even have any soft corner!

The only option I have is to ask for unpaid leave for training reasons etc.

I wish someone from INS reads this board and clears 485 (and other) cases within 2-3 months...deep sigh!

Anyway, the glass is half full!
 
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