New Job Same Employer

M

mondain

New Member
I have recently applied for concurrent I-140/I-485 (ND 09/10/2004). With current employer I have two promotion opportunities:

1. Same city (Houston), different job responsibilities when compared to I-140 application.

2. Different City (Louisiana), similar job responsibilities.

My lawyer has counseled that I should not take promotion since 180 days have not passed. I thought AC21 was for changing employers. Should I go ahead and take new job with same employer? What do I need to file?

Thank you,

Mondain
 
UnitedNations,

I went through the document and it doesn't specify anything about whether I140 should have been approved or not before you can use ac21.

So, Can we use ac21 (after 180 days on I485 etc) to take a new job with the same employer (different location, could caome under different Service Center??) even though the I140 is not yet approved?

Thanks.
 
unitednations said:
I believe the reason why the decision didn't cover the 140 issue was that it was already approved.

One doesn't need to wait to switch jobs after 180 days. You could be at a different job with same employer who applied for your greencard from day 1 or with another employer. What has to happen is you have to have "intent" for the first 180 days of filing of 485 to move or join employer with the position specified on labor. After 180 days "intent" can change and one can invoke ac21.
Click to expand...

Thanks for the response. But still need further clarification:
How can one prove that he has an "intent" to work for his employer (the one who filed 140/485) while working for another employer? For example, Company A filed my GC (Labor/140/485). Now immediately after 485 is filed, if I change to company B, how can I prove that I have "intent" to work for company A? If I'm changing companies doesn't that mean that I don't have the "intent" to work for my old company?

Thanks.
 
You must log in or register to reply here.
Top