permanent offer, 485< 180 days

A

anj_nj

Registered Users (C)
Hi Guys,

I have got a very good permanent offer, but it's only 120 days since my 485 was filed... I don't want to loose this offer and also want to keep gc safe..
the company is not ready to give a 2 months start date...at max, they will give 3-4 weeks time..
At present I am with a consulting company, that will terminate me after 2 months(my project is getting over by then). They have already terminated me two times in last 4 months and then again taken back after I got a project on my own..

Is there any way like joing new employer w/o informing the present employer(that also would b difficult because client will let them know that i m not coming to office) but at least i can get 1-2 weeks time..


Pl. advise..
 
Did you file concurrently? If yes, is your I-140 already approved? It is important that the I-140 is approved, else forget about switching.

Assuming that you have your I-140 then you can switch to the new company. To my knowledge, the 180 rule is regarding BCIS taking at least 180 days to work on your case, not you working at least 180 days for the sponsoring company. Would be interesting to see what others on this board thing about it. Maybe some folks here have even discussed this already with their lawyers and could post that info here?

You should also look at what is the best option out of the options that you have. Switching now sounds better than missing this window of opportunity and being laid off in a few months. Especially in this job market.
 
First of all, as helge asked, did you file your 140/485 concurrently? Are you currently working on an H-1 or an EAD? Either way, here's what I would have done in your position:

Ask the new employer to let me start in 4 weeks (~30 days). Assuming my 140 has been approved, even if the previous employer decides to revoke the 140 immediately that would still take BCIS at least 45 days to actually revoke the 140 at which point I would have completed 180 days (120 + 30 + 45) after filing 485, and AC21 will kick in and the 140 revocation would not hold good in court (refer Murthy.com). Just before starting on the new job resign from my current job assuming no notice period is required.

As helge rightly said, AC21 requires that your 485 remain unadjudicated for 180 days to be able to switch employers. It does not say that you cannot change jobs within 180 days from 485. Hope you understand the difference.

I don't know the exact details of your case so my comments above may not necessarily apply to your case. But hope this helps. Best of Luck.
 
Good point mavishka, anj_nj just in case you are not aware of this but you would need an EAD card in order to switch to the new company (alternatively the new company can apply for a H1B but that involves work/money/time, whereas the EAD is 'hassle free').
 
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