Please help !! 485 Approved

J

July_23

Registered Users (C)
Please respond

My 1-485 approved and i stamped my passport yesterday only . Today I have only one option either leave my sponsered company and join client directly or come on bench. Is ther any legal complications that my Desi company can revert/ cancel my GC or can create mess
They willl come to knowabout this for sure that ...i am joining client directly and i am not sure if they will create some mess??

Please tell me ASAP..i have to decide in day or 2

Thank you,
 
yeh you can join your new client . Once approved GC which is after 6 months of filing u are protected my AC21 law . You can join else where on same type of job ie even if u r not approved. now u r approved u can join anywhere .
 
not correct!

AC-21 portability is available only *while* the I-485 remains unadjucated for any period over 180 days. Once approved, AC-21 is not applicable, and you *must* take up employment with the original GC sponsor!

What i don't understand is, if your client company is willing to hire you, it should not matter to them if they hire you directly, or through your desi company. And i don't know of any body shop - desi or otherwise - that will bench you when they can hire you out to a client and earn money, unless you yourself are trying to break loose.

If that is the case, i can only say this: be patient! wait a reasonable amount of time before you fly the coop. Otherwise, you will land yourself in trouble at the time of citizenship/GC renewal without any help from your original sponsor.

CAVEAT: The foregoing is not a legal/expert opinion by any means. Consult a qualified immigration lawyer before deciding anything!
 
May be

WEll in that case its a stange way of INS they let join some where else while ur 485 is in process but u will have trouble after your approval. Check with some lawyer. Second i do't know about other states in California u are free to join any where and your original employer cannot stop you or ask you for any damages. Will try to see what eaxctly AC21 original copy and then will post if i find out anything.
 
Well AC21 says about job change during 485 filing and 180 days of filing .
Seems we will need some disscussion on this , will post it on main 485 borad for ppl to discuss.
 
ghost-rider, it is not strange for INS to follow AC21 that is passed by Congress.

From MurthyChat:

Chat User : Hi, Ms. Murthy! I got GC under EB3 by CP. My sponsor with whom I signed an agreement is taking a long to start me on the job! Can I find my own job?

Attorney Murthy : Generally, the safe period of time that a person should work with the sponsoring employer is about 1 year after getting the GC. The only exception is under AC21 if a person used the AOS process. Without AC21 regulations, it is not clear that you would be safe in retaining your GC if you changed jobs, especially if the INS finds out about the job change when you file for naturalization, or otherwise if the employer complains to the INS.
 
more on AC-21

The one thing that is clear about AC-21 is that nothing is clear! Until the much-heralded policy statements are issued by INS, AC-21 will remain in the realm of guesswork.

About the comment that it is strange that you can change your job while your I-485 is in process, but not after it is approved, i think it can be explained by the observation that AC-21 is I-140 portability; once you are approved, you NO LONGER are an adjustee, and - using IT terminology - your I-140 goes out of scope, including any portability that went with it.

What I-140 portability implies is, in case you change jobs, your 1-140 is "inherited" by another sponsor, which keeps your I-485 process alive. Approval of I-485 implies that you have been granted Permanent Resident status on the basis of permanent employment by the I-140 sponsor AT THE TIME OF APPROVAL.

As such, changing that basis of approval could therefore call the approval in question.
 
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Reason for disparity is

AC21 was designed to help those who are suffering due to lengthy adjustment process...
The 6 month wait period for GC holders is to prove that the applicant did not have the sole intention of flying the coop after GC approval. If you had that intention, you could (should ) have done it before 485 approval is what INS is trying to say. i.e. be clear and open about your intentions...

At the time of GC renewal or citizenship issue this 6 month period is viewed with a different perspective and availability of AC21 provisions and any documented constraints that existed need to pass the "intent to fraud your employer (and in effect INS) " test.

Hope the perspective is little more evident than before.
 
This brings me to the following comment:
In my own case, the sponsoring company downsized me just after my 180 days were done. I found a similar job in a different part of the country. I got my Green Card (after RFE where I informed INS about the new employment).

As the sponsoring company fired me after I had done my 180 days, and I am now working for a different company, I don't see why INS could have any objections if I left this new employer at any time after getting my Green Card.
After all, the new employer had nothing to do with sponsoring my Green Card.

I don't see any reason in my case to stick with the new employer.

Anyone agree?

cobwebs
 
I agree with PorkChop that nothing is clear....To begin with what kind of system is this that passes a law in Oct'2000 and almost two years later, the same mantra of " We do not have guidelines..." is religiously repeated by all. In my book justice delayed is justice denied!!!!

I am in a somewhat similar situation as Cobweb was. I am not laid off but my company has not paid me for the past 3 months or so even though I am on a project regularly billing etc. My RD is Sept'2001 and am pretty close to adjudication. However I am also considering flying the coup. Dont I have a strong case that my sponsoring company is the one that has violated the law by not paying me...... Any thoughts are appreciated.
Rastamandrum:confused:
 
cobwebs & Rastamandram

Your cases are different. AC 21 never addressed whether employer can fire you before 180 days or not.
Regarding the employer firing you before or after 180 days and before or after GC approval, the key question here is intent.

If you can prove that your employer had the intent to fire you from the start of the GC process (or from an earlier point of time, but failed to give you sufficient notice) then you should take your employer to task. Complain to INS and prevent your employer from cheating any more immigrants.

Remember the job situation is not good, the company runs based on getting new clients/projects and so they will easily justify why they are firing you.

I know that this issue can get emotional. But I am not saying that this system is perfect or fair. This is how it works. If you do not have the guts to take the fight with your employer (for firing you or for not paying you) then how can you talk about justice when you are not ready to seek it?

I do not mean to hurt your feelings or put you guys down. You have every right to vent off your feelings and I can understand your frustrations. Unless you bring these things to the notice of INS or local legislators it is not going to help anybody..
 
thanks for your response, Jaxen
I maybe was a bit unclear in my message, I do not think that my sponsoring employer was unfair in any way by firing me, it was quite good of the company to allow me to stay on payroll until my 180 days were done, so that I would not have to restart the process for Green Card.

What I tried to say was this:

Because the sponsoring employer fired me, but this happened more than 180 days after RD of the I-485 application, I was able to get my application approved. I do have my Green Card now.

Because the new employer has nothing to do with the I-485 application, I don't think that INS has any reason to ask that I stay with the new employer for 6 months or 1 year or even 1 day after they approved my I-485. Nor should INS have any reason to give me trouble when I want to renew my Green Card after ten years, or if I want to become American Citizen, claiming that I acted fraudulently by not staying for so and so many months with this second employer (or not working at all for the sponsoring employer) after I got the Green Card.

Does anyone agree with this?

cobwebs
 
answers

as jaxen pointed out, both your cases are different:

cobwebs: you changed employers BEFORE your I-485 approval; by virtue of AC-21, your AOS was approved. But recall my earlier comments: AC-21 is I-140 portability - and by its invocation, your 2nd employer "inherited" the I-140, and, in effect, BECAME YOUR SPONSOR. Therefore it was on the offer of permanent employment by sponsor #2 that you were granted permanent resident status. Which is why INS will certainly have objections 5 years down the road if you were to leave this new employer too soon.

Rastamandrum: i guess yours is a judgement call. if you really wanted to fly the coop, the only times you could do it was before your approval, or a good year or more afterwards. you have to weigh the risks versus the rewards. The whole GC process does not empower the employee/adjustee in any way, and a judgement call, more often than not, becomes an exercise of choosing between two evils. I do wish you the best of luck.
 
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Pork Chop/jaxen

That were good answers. Can you suggest your opinion in this situation?

- What if somebody didn't work for the sponsor, and joined new co. after 180 days, and never got an RFE. Which co. the INS will consider as sponsor and what are problems one might have?
 
485ead

i wish i could give you a good answer to this question, in light of actual case histories, because it will be some years before the first people approved under AC-21 will come up for citizenship (by which time, hopefully, INS would have come out with their guidelines for AC-21 implementation :)

If you browse these forums, you will come accross cases where people availing of AC-21 portability have notified the INS of their change of employer, under advice of their lawyers, without waiting for RFEs. Which might even trigger RFEs for cases where none might have been received otherwise. One can imagine that those lawyers' intent was to pre-empt any future problems by shifting the burden away from the applicant.

Of course, most people would not volunteer any information not specifically asked for by the INS (which is also sterling good sense). So will they need to deal with this issue later at the time of citizenship/GC renewal? Your guess is as good as mine!

So it all comes back to clear policy statements by the INS, or rather, the lack thereof. Until that happens, AC-21 remains in the murky world of guesswork. My take on it is, use AC-21 only if there is no other choice (i.e. if you have been - or are in the danger of being - laid off), and then again, seek the counsel of a good attorney to guide you through. That's about the best i can come up with.
 
you guys are real good here...advise me!

1.Has anyone actually changed jobs after 180 days of I 485 pending and got the approval? If so, what about similar occupation definition used and what salary quoted w.r.t. to previous employment? Where can you find it out precisely?

2.If one were to change jobs after one got GC, the attorneys reccommend at least 6 months of stay? How safe is ever quiting the sponsoring employer? Anyone with experieince? Can an agressive employer hold you back to the employment?

3.What are the steps once 485 is applied? Finger printing, interview etc? What do they generally expect you to have, documents -wise at the time of interview? Any questions? where do you have to go? Local INS office?

4.Can one change from having applied for I 485 to CP? How? What are the steps? What is the impact of doing so esp. if one has apllied for EAD and AP together with I 485? And what is the impact if one has started using the EAD or not started using it but has it? (Since the H1 is still valid, no need to use the EAD although obtained.

5.Applying for CP-do you have to choose one's home county consulate or can you choose Mexico?
 
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