Outsourcing question!!!

4

485_not_moving

New Member
Hi All,
I am sure there are others as well going thru' my situation... Pls. advice!!!

I work for a multinational company which is sponsoring the Permanent Residency Processing for me & my wife. My PR processing is currently in the 485 stage (Originally applied for in Apr 2002) & I recently received my 2nd EAD card (extension). Please note that I do not have a H1B visa, my last visa thru’ my current employer expired in Dec 2002!!!

My company is in the process of outsourcing its IT operations to another US based company. Basically, this company will take over employment for all IT groups that are being outsourced & I am expecting to be in one of those groups, in the next few months (maybe as early as 2-3 months). Although my employer changes, I will continue to be in the same location, performing the same job functions, reporting to the same Manager etc…

Given that, I was wondering how this might impact the following:

1. Will I be “out of status” if my job is outsourced to CSC, meaning can I still continue to work for the new company with my current EAD card ?
2. If yes, will the processing continue thru’ the AOS stage? When do I notify the INS of this change of employment?
3. What happens to my wife’s EAD card & her PR processing?
4. What other legal implications does this “change in employer” have on my PR processing?
 
Here is my 2c

1. No
2. see "d" below.
3. No change. She can use her EAD as usual.
4. see a-d below
---------------------------------------
a. Since you wrote you are about to file for 2nd EAD I am expecting that you already well past that 6 months limit to use AC21.
b. Using AC21 you can move on to a similar job while I-485 is pending.
c. If until now you were working in your GC job then I think based on your explanation your job description/dueties etc. won't change a bit except the top management.
d. Talk to your attorney when that change happens to see if you need to notify BCIS! Anser is Yes/No depending on your attorney and in any case until now it is not a problem.

Goodluck
PCee
 
Last edited by a moderator:
Thanks a lot PCee, your reply helps greatly!!!

I had one more question: If your attorney changes during the AOS process, how do we notify the INS of this change? Is it even wise to change attorneys during the process?

Thanks :-)
 
May not be a good idea to change attorney's but if you have to (maybe the lawyer is useless or some other compulsion, then plse do without delay) then your new attorney will have to file a change of representation form. In any case your new attorney will know what to do.

I fully agree with PCee - there will be no issues with your or your wife's AOS application, if you change your employer, since you are past 180 days of filing your 485 application and your new job is in the same category and the job desc is the same.

Good luck.
 
You must log in or register to reply here.
Top