Need Help Please

Hubner sa

Registered Users (C)
I have just received approval on my EAD. I filed my 485 in TSC and it has been more than 180 days and now have a job offer in California.
Can someone please tel me what I have to do because my paperwork will need to be transfered. Is this going to cause any problems. PLEASE HELP.
 
RFE?

If you notify the INS it might delay the whole process. Ideally, you are fine as the AC21 asks to change the employer in the same category, not in the same service center area!

You should be fine as long as there is no RFE. In case of RFE for employment, the letter you will submit may create a problem to the IIO as AC21 is not clear. INS is totally unpredictable, and may find a creative way to interpret which seems common to us.
 
Thanks for the QUICK reply

Do I not have to give them my new address. I will be in a differant state which means a differant CS. Will my paperwork be transfered.:confused:
 
Address

You will need a proof of address in case of an RFE. Notifying address change will trigger some INS movement and most probably your case will be transferred.

Caution to all thinking to change job:
---------------------------------------------

Before jumping on the new job, and relying too much on AC21, please please please make sure that:

- There is "no way, no other way, any other way whatsoever" - to continue working for the curretn employer/sponsor.

or

- You are laid off, and/or can't go back to the sponsor and absolutely, positively need a new job.

If this is the case, go ahead. As long as you have a job, your GC is protected. If you are just jumping ship for a better salary, thinking that 180 days are over, you are taking a risk as AC21 regulations are not clear from INS side, no matter what are the views of different attorneys - they are views only - educated guess only. The final words will be of INS, and nobody knows what they will be.

==========================================
 
Hi immi007,

How about job position change (with same employer) during 485 pending? especially in case of a REF. Thanks.

RD, 02/02, No FP.
 
job

Becoming a Sr. S/W Engineer from a S/W Engineer shouldn't be a big problem as long as the duties remain the same. In case of an RFE, try to the similar job letter as submitted at the time of 485 filing.
 
immi007's remarks

Nobody knows how long we have to wait in TSC for 485 approval. Two years is too long. Insane INS has been torturing all of us. AC21 rules and regulations should have been clear long time ago.
 
Welcome back, eb1tsc. TSC is just so insane.

TSC did little work in July. For this whole week, we have not yet seen a single I-485 approval. I have hold high hope on TSC in the past few months, now I just do not know when the waiting will end.

From the Tracker, if we talk about ND, there are still many cases with ND before 04/01 waiting. Most of May-Sept cases even do not have FP. If we talk about FP, we are seeing cases with FP between 01/02-06/02 are getting approvals, while many have been waiting for over 4 months and do not know when that will end. I guess tsc11months's invitation for us to visit Disney may only happy in Autumn or winter. Anyway that time will be a good time to go to Florida.

Good luck to all.
 
AC21

That's right. AC21 rules and regulations should have been clear long time ago.

INS is just getting away because of the post 9/11 security enhancement etc. It is surprising that AILA or any other organization (like www.ISN.org) is not taking any action.
 
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