Need Help: Changing jobs after 180 days

S

set-me-free

Registered Users (C)
Question:

     It has been more than 6 months that I filed for I-485.
     If I change job now, taking advantage of the AC-21 regulation, is there anything that
I have to proactively do regarding the INS (ammendments, etc.)?

     My lawyer said that, I don\'t need to file anything as I have the benefit of the 6 months rule.
     Also, is there anything that I need to get from my present employer before I leave the
company (letter, proof of any sort, etc). If there is something I need to get from them, it\'s better
to do it while I am still their employee. I would like to stick with my consulting company, but
the problem is: they haven\'t scheduled any interview for me and my project will be over soon.
Also, it\'s harder for me to find another subcontract (thru them) than finding a direct placement
with another company. Otherwise, I would stick with the company.

     Please share your thoughts and advices.
 
My suggestion is keep the same lawyer

Below a copy of a paragraph from this same site regarding the AC-21.

CHANGE OF JOBS DURING PENDENCY OF I-485
This has been a hot issue for the past several months. INS has finally provided some guidance. I feel this is still insufficient, but at least we have something.
Page 8-9 explain that an I-485 applicant may change jobs after 180 days have passed since the pendency of their I-485. In order to change jobs, they should (not must) write INS notifying them of the job change to a job that is similar to one on which the I-485 is based. They should also supply a letter from the next employer providing the job title, salary and job description of the new employment. The applicants do not have to wait for INS action, but INS will assess whether the two jobs are similar. If they are not similar, INS could (and probably would) deny the I-485. The hard part is the definition of "similar."

My suggestion is keep the same lawyer even if you change job , so that he will have all your
Labor , I-140 approval , materials from your applications if the need arises. Also save the recent pay stubs from the current employer before changing, I am sure we all are saving every one of them : ) , Letter from the current employer saying verifying the duration of work and titile/duties, ... I think the bottom line is the relation ship with the current employer and at the same time once 180 days are over legally there no obligations as long as the “similar” job in terms of title and salary is satisfied

Once again this my understanding and please take it as a suggestion… I am just like you waiting and waiting for both the approval and job market to pick up..
 
Thanks for your posting

My only concern is regarding an RFE. Which one is better?
  - change employer and have paystub
     or
  - keep the same employer and having a gap of 2 months project, in which case I may not
    have a current paystub.

It seems that it\'s better to be employed specially in today\'s job market condition.
Thanks again for your posting.
 
It is a tough one to decide...

If I were you i would just stick with the current employer for now until the final approval, yes the gap may cause problem for the pay stubs, then again how sure can we that the other employer will keep us also.. right ? because if they let go the newcomers are the first one generally .. risk is there also.
So my thinking is may be your present employer , whom I sure you have contributed a lot so far, might
Do some work around by showing a unpaid leave kind of gesture to cover the gap, if need arises.

Make a good decision, cause as you know the decision that we make will dictate our life..

Good luck.
 
You say same lawyer is good, I agree, but .....

what if the lawyer works full-time for our current company.Big consulting companies usually recruit a full-time lawyer.
Will this lawyer still co-operate with us in getting our GC even if we join a new company?
 
Sticking with same lawyer

Sticking with the same lawyer is a good idea if he/she is trustworthy.
  I don\'t see much reason for a lawyer to be loyal to the company if you are the one
  becoming their client and paying for their services. They have to honor you because they
  are defending your case from the point you start paying for their services.
 
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