New question re changing employer

S

Scotgirl

Registered Users (C)
I apologize if this has already been covered in another thread. I am new to the forum and find the number of threads rather overwhelming.

My questions is regarding employment during and after adjustment of status. I was fingerprinted last week and am waiting approval from VSC. My employer is sponsoring my application and a term of the deal is that I if I voluntarily leave before the approval date - the process is discontinued. I therefore cannot leave employer until then.

I have read though that if I was to change, it should be done during this adjustment of status period and not AFTER approval. Does that mean that I am to stay with my current employer for 6 months after approval? This thought is killing me. I am desperate to start my resume and the job hunt. Please can someone advise?

Thanks and apologies for any ignorance. Until I found the forum recently I was going by what my lawyer was telling me. Nobody else I know personally is going through the process. I am unwilling to ask the lawyer job change questions since they are employed by my company. Any help is appreciated.
 
First of all, have you signed a legal contract with your employer wherein if you quit before the 485 is approved they will take legal action to revoke your GC process?

If so, you should seek help from a competent external lawyer about breach of such a contract.

As far as I know there's no such written rule that you should stay with the sponsoring employer for at least 6 months after your GC approval. It's just a rule of thumb or a generally accepted notion.

I know of many people who have quit their employers within days of their GC approval. According to AC-21 you are allowed to change employers 180 days after filing for your 485 provided the job is in a same or similar category.

As far as common knowledge of AC-21 goes the employer can only revoke your I-140 before the 180 day period is over, after that AC-21 kicks in and you're considered safe.

Hope that helps.
 
Technically you can leave 180 days after your application. My advise to yu however would be to wait till yuo get you gc to take any steps just to prevent your sponsor from being vindictive.
After you have got your gc you can do what you want.
 
Thanks for the responses. This makes me much happier. I do think I signed an agreement with them agreeing that they could terminate the process if I left. There is also a clause about re-paying lawyers fees if I leave within a certain amount of time (2 years) after approval. However, I have resigned myself to the fact that no matter how much money this is, I will definitely be buying myself out. Of course, this all depends on the job market.

Thanks again for your responses.
 
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