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NIW or PERM, which is a better option
- Thread starter h1bdoc
- Start date
There is no law that requires you to work for the petitioner BEFORE the issuance of a green-card (either by entrance on immigrant visa or AOS). GC is for future employment, and you have to show that you have the INTENT of staying 'permanently' with the employer after you have your GC ('permanent' in the eyes of USCIS is 90 days).
and if you have a pending I-485 you can change job after 180 days. Right? then what happens after your get GC based on that I-485. Do you have to work for that employer for 90 days at least?
sudmoni said:Hadron,
Thanks a lot for your good reply. But regarding the retaining of the old PD I am kind of confused, You said I may loose my old pd if I leave the employer before filing 485 but I have seen many discussions including in murthy's website , which says that if the i-140 is cancelled because of the fraud or misrepresentation then one looses the pd otherwise once i-140 is approved then that PD belongs to the employee.Yes one has to start the entire process again with the new employer.I haven't read anywhere about the need to apply for i-485 to retain the PD.Please correct me if I am wrong.
thanks.
This area is a bit grey. Some lawyers say you are fine(Murthy and Matthew Oh among them), some say it is fine only if it is not withdrawn by your employer, some say only if the underlying labour is not used etc etc. There are as many opinions on it as lawyers you can squeeze into the room!
In essence you would never know until your next 140 case is adjudicated.
You would send in your prior 140 approval notice with your new petition. If they accept it they will put that PD on your notice, if not then you will join the back of the line so to speak!
docny said:and if you have a pending I-485 you can change job after 180 days. Right? then what happens after your get GC based on that I-485. Do you have to work for that employer for 90 days at least?
You don't have to go back. This is one of the many inconsistencies in US immigration policy. While your case is pending you can change jobs after 180 days, no questions asked. After it is approved you are expected to remain 'permanently'.