Officer told me I could Switch jobs..no problem. What do Gurus say?

[dcmetro22042]

Guys:

I went for our 485 Interview earlier this week. Officer told us that our cases are 'approvable' and now we just have to wait for our PD to get current and we shall get our GCs. No problems switching jobs at all and no AC-21 to be filed. You can even become a 'truck driver' if you'd like. No more interviews he said.
Q for you all. Should I believe him and switch jobs now? And not file AC21?

Your advise shall be appreciated.

 

[GreenCardVirus]

Guys:

I went for our 485 Interview earlier this week. Officer told us that our cases are 'approvable' and now we just have to wait for our PD to get current and we shall get our GCs. No problems switching jobs at all and no AC-21 to be filed. You can even become a 'truck driver' if you'd like. No more interviews he said.
Q for you all. Should I believe him and switch jobs now? And not file AC21?

Your advise shall be appreciated.

Become a "Truck Driver", I am sure they will kick you out if you apply for Citizenship.

You can switch in same category as the one on your GC application.

 

[NiceGuy2006]

So, It looks like you had a very friendly conversation. Did you talk about the case if the employer revokes 140 ?

 

[TheRealCanadian]

Officer told us that our cases are 'approvable' and now we just have to wait for our PD to get current and we shall get our GCs.

Being approved is like being pregnant - either you are, or you aren't. Being "approvable" means nothing.

 

[dcmetro22042]

Become a "Truck Driver", I am sure they will kick you out if you apply for Citizenship.

You can switch in same category as the one on your GC application.

I know. I was not planning to apply for the job either Maybe it was his joke. I shall plan to switch in the same field...before the real is in my hand though.

 

[dcmetro22042]

So, It looks like you had a very friendly conversation. Did you talk about the case if the employer revokes 140 ?

No, not at all. I believe it does not matter even if the employer revokes 140..if your 485 is filed.

 

[dcmetro22042]

Being approved is like being pregnant - either you are, or you aren't. Being "approvable" means nothing.

LOL! I agree. That's what I am telling my wife since she is already celebrating. Until I get the stamp on my passport, I am not going to be 'real' relieved. Although having the interview and being done with it helps for sure.

 

[TheRealCanadian]

I believe it does not matter even if the employer revokes 140..if your 485 is filed.

It does matter. Once the employer withdraws the approved I-140, USCIS is required to issue a Notice of Intent to Deny and you need to prove that you have a "same or similar" job within 30 days.

 

[dcmetro22042]

I stand corrected then as I do believe in TheRealCanadian's advise.

TheRealCanadian: One Q for you.

- So after having done the interview, you think its safe for me to switch jobs in the same arena? Also, can I become a manager or senior manager now..within the same area of expertise (with more salary ofcourse)?

- When I switch, should I send AC-21? Officer told me it does not matter but I want to know the whole truth!

 

[sanz72]

First of all - If you can avoid switching jobs, then it is best for you and your green card process. If you have to change jobs - then change it to an employer who can support your remaining GC process. They dont need to do much, but just aware of your situation and be supportive of it.

I can tell you from my personal experience. I swtiched job after one and half years of filling my 485, after getting approval from the GC sponsoring employer. They(My GC sponsoring Employer) consented to the offer from their client and allowed me to join, 1 year after I joined, they withdrew the 1-140.

In 2004 Dec, USCIS denied our petition, we filed an MTR in Jan 2005. Thankfully my employer allowed me to work on my existing EAD which was expring in June 2005.

In Mar 2005 we applied for EAD renewal, which was denied, my MTR was denied, my 485 was denied again. We were contemplating going back to India, Our first child was 1 year old and were expecting our second one (already reached 7 months) so there was risk in taking a long flight to India. So we decided to stay until the baby was born (October 05). Needless to say I was jobless since Jun 2005 and would have had to support the whole process on my own at the risk of being out of status.

Thankfully my employer(Big 4 Consulting)) and my lawyers(Fragomen) didn't give up, they continued with their efforts and after 2 months USCIS re-opened our MTR, I-485 and approved our denied I-765, I-131 applications. Since then I have renwed my EAD twice, travelled to India a couple of times on AP. Today I have an opportunity to get a job that can pay my 20K more than my present employer, but for the sake of my GC and my mental peace, I rejected it.

So my advice - If you are going to change your job for better, just be prepared for the worst.

 

[TSCEB2Current]

I switched jobs using AC21 a few months ago (see signature). My i-140 had been already approved and my former employer provided me the original approval notice at resignation. As I was switching jobs, I made sure (a) the new employer is willing to provide me a letter of employment very close to my Labor Certification description and (b) I had the lawyer submit an AC-21 letter to the USCIS to notify them of my job switch and to highlight how I am eligible for AC-21. I haven't had any issues with USCIS so far. In fact, I am considering making another career move in the same field soon while my i-485 continues to be pending.

 

[karkoor24]

Hi TSCEB2,

I am thinking of doing the same, and I was wondering what would be needed later on <if any> of the new employer? would they ask for a employment confirmation letter from the new employer? would they ask for "ability to pay" and tax letters from the new employer? would they ask for pay stubs? Please advise

Thanks

I switched jobs using AC21 a few months ago (see signature). My i-140 had been already approved and my former employer provided me the original approval notice at resignation. As I was switching jobs, I made sure (a) the new employer is willing to provide me a letter of employment very close to my Labor Certification description and (b) I had the lawyer submit an AC-21 letter to the USCIS to notify them of my job switch and to highlight how I am eligible for AC-21. I haven't had any issues with USCIS so far. In fact, I am considering making another career move in the same field soon while my i-485 continues to be pending.

 

[-me-]

I wouldn't recommend you to follow the officer's "friendly advice", because it conflicts with AC21.

Guys:

I went for our 485 Interview earlier this week. Officer told us that our cases are 'approvable' and now we just have to wait for our PD to get current and we shall get our GCs. No problems switching jobs at all and no AC-21 to be filed. You can even become a 'truck driver' if you'd like. No more interviews he said.
Q for you all. Should I believe him and switch jobs now? And not file AC21?

Your advise shall be appreciated.

 

[dcmetro22042]

I wouldn't recommend you to follow the officer's "friendly advice", because it conflicts with AC21.

I sure am not. If and when I switch, I shall do so in my field and very close to what I do today. No way am I taking his advice as gospel. Thanks for the thought.

 

[sanz72]

I switched jobs using AC21 a few months ago (see signature). My i-140 had been already approved and my former employer provided me the original approval notice at resignation. As I was switching jobs, I made sure (a) the new employer is willing to provide me a letter of employment very close to my Labor Certification description and (b) I had the lawyer submit an AC-21 letter to the USCIS to notify them of my job switch and to highlight how I am eligible for AC-21. I haven't had any issues with USCIS so far. In fact, I am considering making another career move in the same field soon while my i-485 continues to be pending.

That's the smart way. I dont think you will have any issues.

 

[iwannagreencard]

Interview without PD current????

Hi there,
I am conufsed as to why did you had the interview to being with? As its said the PD is not current i am not sure why did you had the interview. Please clarify. thanks

 

[ginnu]

Hi there,
I am conufsed as to why did you had the interview to being with?

--------------his file may have been transfred to local USCIS, they informed of Interview date he attended Interview
As its said the PD is not current i am not sure why did you had the interview.
-------------- Interview can be for anything or to check the documents or ask any missing questions. May be his PD retrogessed after file transfer. He attended interview and officer has to only wait for his PD to be current Or he can take infopass when PD is current for his case to remind the local office.

Please clarify. thanks

----------

 

[dcmetro22042]

Ginnu just hit the nail on this one. My case was transferred to local office and they sent an interview call. Now I am waiting for PD to get current.

Ginnu: A Q for u. I got my interview letter now..after a month with the same date as my wife's but few hours later. But I have already interviewed at the local office. Should I just ignore the letter or take the time out to visit them and inform them of my interview? Please advise.

 

[iwannagreencard]

Thanks Ginnu & dcmetro.
Do we have any pattern which causes a file to be transfered to local office. Do they pick cases randomly and call for interview?.

 

[ginnu]

Ginnu just hit the nail on this one. My case was transferred to local office and they sent an interview call. Now I am waiting for PD to get current.

Ginnu: A Q for u. I got my interview letter now..after a month with the same date as my wife's but few hours later. But I have already interviewed at the local office. Should I just ignore the letter or take the time out to visit them and inform them of my interview? Please advise.

I will go for interview