New law test case (job change) approved.

S

Slow

Registered Users (C)
I share this with members of this board to serve as an encouragement to those who are concerned about the new law, with regards to job changes after 180 days.

Application to adjust to permanent resident: I485
Details: EB3 (employment based), Category/Country: other
Receipt date: 03-19-99
Notice date: 04-09-99
Finger print: 02-22-2000
Transfer date: 06-10-2000
Transferred from Vermont to Local Office in Baltimore, MD
Interview date: 12-21-2000
Approval notice: 01-02-2001
No RFE received.
Filed I-485 myself & spouse. Used a lawyer for first 2 stages.

My company employed me based on my H1B status. When it expired in 03-2000, they used that as an excuse to lay me off. I was out of work for 2 months waiting for my EAD card to arrive. I got an new job in the same field doing exactly the same thing I did with the previous firm, but now I worked with my EAD. I had used up my 6 year limit for the HIB status.

I never informed the INS about the change, but was very uneasy about the whole thing until November 2000 when this AC21(new law) came about. Anyhow, at the interview I took all the information they asked for, my wife and our kids. The lady asked the standard questions...the yes\no ones and we swore to tell the truth she also checked our ID in the beginning. Then came the question of my job. She asked are you still with the petitioner company XYZ? I said no and produced the lay off letter. She read it and then retained the original and gave me a copy. I then gave her the letter from my current employer (stating pay, date of hire, etc.) she took it and along with a page stating what my duties were at this new job.

She then looked at them briefly and noted that they must have done me a favor since I was earning significantly more at the new job. We smiled. She was a very nice lady and professional. Then she gave us back our passports, had us sign the other form and finger print. The interview was over. But it was not approved. She said she will look at it all and then write is in about 2 to 3 weeks with her decision. We were surprised at that. We told her we thought this was it. She said that everything looks fine, but she just wants some time to look it over.

Then we received an approval letter today. Ours is a clear case of a change of job in march , long before AC21 came to life. However, the green card was granted.

I will do my best to answer all questions that may come my way. I will stay around to help others out. Be patient I try to log on daily.
This is an excellent board!
 
No Title

Can you post any tips for the interview. If possible even if you could post the questions you were asked would help.

Thanks
 
No Title

Congratulations. This is a great news...few questions...
1>When the officer asked for "page stating what your duties were at the new job", did you present the letter you obtained from your new employer or submitted letter of your own?
2> Were these duties at your new job exactly the same ( I mean the wording ) as those mentioned on your LCA?
3> Any idea why your case was transfered to the local office for an interview?

Thank You and Good Luck!
 
No Title

hi,
  my 6 months after filing 485 are already over BUT still I am
waiting for finger printing...IF my parent company starts laying off..
what will be consequences on me..I have not taken EAD since 2 more
years are left on my H-1.
Please help
 
No Title

Tips?
Well the interiew was standard. I say so because the questions I was asked seem to tally with other posts about interviews i have read on this board.

1. Do you swear to tell the truth?
2. Have do done any thing illegal to obtain immigration benefits?
3. What is your address?
4. What is your date of birth?
5. When and where were you married?
6. What is your mother & father\'s names?
7. What are the names and dates of birth of your kids?
8. Have you done any thing illegal here in the US?
9. Who do you work for?
10. Copies of your tax returns?
11. Copies of your employers letter?
You will get a letter for the interview with an attachement listing what documents to bring.
I got the sense that she was asking basic questions just to see if we were who we said we were and if the information provided was true.
Hope this helps.
 
No Title

Yours sounds similar to what I did: stayed on H1B and never applied for the EAD even after filing the 485.

I applied for the EAD after my H1 expired. The problem with this approach is that it takes 3 months for the INS to process EADs. I had to wait 2 months (out of work) before being able to work agian, beacuse no employer will let you start working until they see the EAD card.
As you make a decision, bear in mind that you are eligible for the EAD once you file the 485.
 
No Title

Answers:
1. She did not ask for it. I gave it to her after giving her the letter from my employer. I did play a part in putting togther what my duties were, since there wasn\'t a specific document for that on file. But it was on company letter head and all statements therein were true.

2. No it did not match word for word as that on the LCA, but bear in mind that I am doing very much the same thing as the previous job.

3. No idea why my case was transfered. But I do know, from other posts on this board, that Vermont transfered a lot of cases to Baltimore, MD in June 2000.
 
No Title

Thanks for all the answers you gave here, Slow. Your situation brought one question. Is your EAD card still valid after you got laid off by your previous employer at 3/2000? To my understanding, since your I-485 is employment-based, you are out of status once you get laid off by your employer and your I-485 sponsor. Your advice is appreciated.
 
No Title

I believe the EAD is unconditional, but you are right he(Slow) applied for the EAD after he was laid-off. The I-485 process continued since his employer didn\'t withdraw the petition (just a thought).
 
No Title

Hello

When you changed your job, was the job in the same region where the Labour and I-140 was filed. I\'m in the similar situation, but I moved to a different region from the place where my labor and I-140 was filed.

Thanks
prakki
 
No Title

New job was in the same state but a different county, about 30 miles from the previous job\'s location.
 
No Title

Once you file I485 and until it is denied or approved you are in-status. The fact that my 485 process was not stopped after being laid off meant I was in the 485 status.
On 485-status you are eligible to apply for and work with the EAD card.
 
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