Need Advice

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Newyorker012

Registered Users (C)
Hi Guys

I need advice from all you, My info is as below:

I-140/EAD/I-485 (Concurrent filing) (Me and spouse)

MD : 01/10/03
RD : 01/11/03
ND : 02/07/03


I-140
AD : 03/18/03

I-765(EAD)
AD : 04/10/03
Received in Mail : 04/19/03

I- 485
ND : 02/07/03

When can I change the employer and work for somebody else if the next employer is paying same or more money and same job, since I haven't finished my 180 days yet how would the BCIS would know that I switched jobs, and how many ways can my current employer harm my process.And, 180 would be from RD or ND

and let say I finsih the 180 day bracket what should be my next step (like filling up which forms and submitting).?

Thank You!!
 
You can change job after July'11 (RD + 6 months). How ever, since
your I140 is already approved, you may not face any problem if you join some other company now. Only thing is your sponsoring company should not know about your new job, otherwise they can revoke your I140 before July'11. BCIS is unlikely (99%) to touch your file for another 6 months.
 
When can I change the employer and work for somebody else if the next employer is paying same or more money and same job, since I haven't finished my 180 days yet how would the BCIS would know that I switched jobs, and how many ways can my current employer harm my process.And, 180 would be from RD or ND

and let say I finsih the 180 day bracket what should be my next step (like filling up which forms and submitting).?

**************************************************
As per the advise from murthy.com, Please follow the safest path, try to stick to your current employer for 180 days.

Since no approval comes through in 180 days, you can change jobs, but the only thing i can think is if your employer withdraws your 140 before the 180 days, you would be in problem.

There is no way for BCIS to know whether you changed job or not.
 
Kind Advice

Just because your I-140 & EAD are approved & Your I-485 have past 180 days of filing...you cannot change your employer. BCIS has clearly stated in AC21 law that
"It should not be your intention to leave your employer".

If your employer has fired you & if it's past 180 days of filing I-485 then there is no harm in joining another employer with EAD. If you leave your emplyer just b'cas you are getting better salary/job then you are in deep trouble buddy. Your employer has every right to revoke your I-140. So, it's better to go smooth with your current employer until you get your GC.
 
AC21

Hi Mangesh,
I think that your posting is misleading for several reasons. First of all AC21 is not passed by BCIS(INS). It is passed by Congress because of lobying by immigration groups (I remember Mr Sailesh
from immigration support Network who worked very hard).
Secondly, i have never read in any of the postings or in murthy.com, that AC21 says that a person can not leave the current employer on his own. The only conditions for availing AC21 are (a) Your I140 should be approved (b) your I485 should be in pernding for more than 180 days (c) Nature of Job should be same.
Lastly, your suggestion saying that one should better stick to the sponsoring company till he gets GC, does not look good in the current job market because if you are in bench your company won't pay you and you can't suggest a person to sit at home without pay for 1 year (it's taking 18 months for GC now). Please
remember that majority of the people getting approval now a days have changed jobs using AC21.
 
For Satish

Satish,

What you said is very true for cases getting approved from VSC directly. In case, if ur case is transferred to Local BCIS office, then starts the problem. The local office requires your termination letter from your GC filing employer & employment letter from your new employer if you use AC21. If you are not able to produce termination letter....then you are in deep trouble buddy... This happened to one of my neighbour's friend in Baltimore INS office last year..

You are safe as long as you have good understanding with your GC filing employer. If your employer gives green signal to goahead & work with EAD and that he won't jeopardize ur greencard ..u r fine...otherwise u r in Soup....
 
As i told earlier you don't need to be terminated to change job.
So I don't think the termination letter is required. Probably, it is safe to send a resignation letter by certified post to the former Employer when you change job after 180 days. If your case is
transferred to local office, then you may want to ask your former employer for the relieving letter. If he does not give that, you can tell the samething to BCIS.
 
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