Question about Chaging Job

V

vidyakalyan

Registered Users (C)
Hi,

I have currently submitted documents for I-485, I-134
and I-765 to INS for Greencard processing. My Receipt
date is Jan 12, 2004.

I got RFE from INS for I-765, I-134 and submitted the
evidence for the same on May 28, 2004.

I have got my Interim EAD before I got RFE and the EAD
is valid till December 19, 2004.

I would like to know if I can change the job after 6
months (i.e. July 12, 2004). Will there be any problems
legally if I change the job in the same profession.

I appreciate if you can let clarify me on this.

Thanks
Vidya
 
vidyakalyan said:
Hi,

I have currently submitted documents for I-485, I-134
and I-765 to INS for Greencard processing. My Receipt
date is Jan 12, 2004.

I got RFE from INS for I-765, I-134 and submitted the
evidence for the same on May 28, 2004.

I have got my Interim EAD before I got RFE and the EAD
is valid till December 19, 2004.

I would like to know if I can change the job after 6
months (i.e. July 12, 2004). Will there be any problems
legally if I change the job in the same profession.
------- you need your I-140 to be APPROVED AND I-1-485pending more than 180 days to use AC21 or join new employer, your new employer should be ready to give you future permanent job offer in same/similar skills as on approved LC of past company. before joining clear with him.
** before you leave the employer try to collect your I-140 filing reciept, I-485 filing reciept and copy of approved LC ( particularly the FORM ETA750A that has your skills in item 13 on it ) you can ask the documents from the company lawyer or from employer and no need to tell then you are going to change or use AC21 they may not give you LC copy

appreciate if you can let clarify me on this.

Thanks
Vidya
Click to expand...
 
Hi ginnu,

Thanks for the information. I checked with my company. They say that they can not give I-140 and Labor Clearance copies because it is agains the company policy it seems.

Will it be a problem to change the employer without those documents or can I request the copies directly from INS/Department of Labor?

Thanks,
Vidya
 
Those documents are not a must but good to have. The easiest way to get them is FOIA- Form G-639- takes about 8-12 weeks.
HTH
 
vidyakalyan said:
Hi ginnu,

Thanks for the information. I checked with my company. They say that they can not give I-140 and Labor Clearance copies because it is agains the company policy it seems.

Will it be a problem to change the employer without those documents or can I request the copies directly from INS/Department of Labor?

Thanks,
Vidya
Click to expand...
---- follow the advice of "sb_tiger" for documents like copy of I-140 or I-140 reciept and LC copy
**** remember at this time you are NOT eligible to use AC21 becase your I-485 is not pending more than 180 months. But you can file for FOIA at this time( your employer will NOT know ) it may take 2-3 months to get copy of I-140 and copy of LC from USCIS and depends on service center how much time they take.
** dont give any indication to employer or company lawyer or friends working with the same company that you may change the employer becase employer can revoke your I-140 at this time by sending letter to USCIS
 
What is FOIA- Form G-639?

I am also in the same situation, where my company will not give me copy of I-140 or receipt of I-140 or LC for my skills.

I work for a big 5 consulting company but planning to work for a very small/local consulting company where I can be billable as an indendent contratcor.

Please explain FOIA- Form G-639? How do I fill that form? Do I need to hire an attorney?

My Info:
Approved I-140
RD of I-485> 180 calendar days.
Have valid EAD, AP and receipt of I-485.
I have travelled on AP so I don't have I-94 form.

Thanks.
-M
 
In BCIS/Forms you can find form G-639- that is FOIA form. Search this site for links on how to fillup- the form is pretty self-explanotary and easy.
HTH
 
Hi,

I went to my local office and they said that I can not apply G-329 and get the duplicates of 140 and LC (they refer it as Duplicates and not Copies). Instead they asked me to fill another form which can request for duplicates but has a very high fee ($195). But it does not assure if you will get the copies or not.

Do we really need to worry about 140 and LC copies. I guess my job description in LC would have been givfen as "Software Engineer". Is it fine if I know only this detail?

Thanks,
Vidya
 
Job change

Hi Vidya,

I am in the same boat as you, but my I-485 case has been pending for the past 2 1/2 years. My I-485 ND is 22-Mar-2002

I met a lawyer to sort out the issue. This is what he told me

It would be ideal to get the ETA ( Labor certification forms), because the job descriptions are codified and it would be easier to attach an appropriate code to your job description when an AC21 is filed and also it helps to keep the title similar or equivalent. As you never know what your lawyer has written in you petition to get your labor cleared. You can check this out the DOE labor clearance database based on your salary, labor filing date and company name. This would give you the title under which your labor was filed. What your job descriptions were is under the ETA application.

You should also make sure that your new company can submit a profit loss statement or a tax return. This is to ensure ablity to pay. If your processing date is about six months away this should not be a problem as you will have about 3-4 months of pay checks from the new employer. That would clearly demostrate his abilty to pay.
Your new employer should also be ready to give a certified tax return if needed.

The above mentioned issues are not relevant if your new company is a big company.

The ability to pay is a tricky situtation. Refer to Shusterman's newsletter this week.


Thanks
burwait
 
Hi Burwait.
Thank you for giving good information. I have one small question. I have my 140 copy and my 485 copy also. Is that ok to change job or do we need the copy of LC Also.

Thanks
 
LC would be good to have. It will help making the job responsibilities similar or equivalent.

In many cases uscis has overlooked the title as long as you are in the same area, but this may be the current trend
 
My lawyer suggested me to take a service letter from the old employer before leaving. This may come handy in case there is RFE.
 
Thanks sb_tiger

sb_tiger said:
In BCIS/Forms you can find form G-639- that is FOIA form. Search this site for links on how to fillup- the form is pretty self-explanotary and easy.
HTH
Click to expand...


Thanks sb_tiger. I have filed form G-639 today. Also faxed the same to VSC. Hope to get the documents soon.
 
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