Rejection of 485 due to Change of Employer

V

vinidel

Banned
Hi everyone,

Yesterday, in my friends company in New York one of his co -worker's 485 approval got rejected as he changed his original employer during the process. He was called for an interview at INS office, and was asked an explanation why he changed his employer. Though he did after 180 days of filing 485, keeping in mind of 180 portability rule. But INS officers were not convinced and took his EAD card also. And asked him to file I-140 & 485 from the new employer.
So friends, though there are few fortunate cases where even after changing employers they got 485 approvals but please be careful if anyone plans to do such thing.


Wish You All Good Luck
 
Do appreciate the info. But I am sure there is more to it than just change of employer. The officers cannot simply ignore the law and take decisions in to their own hands! Taking a lawyer along would definitely help in such situations as they can argue on the clients behalf.
 
He will be contacting his lawyer. He thought call for an interview is just a regular part of green card processing.

According to him, INS officers wanted some documents proving that it was not his intention to leave the original employer. They wanted a termination letter from his original employer.
But unlike those cases were employees get layed off, i guess they have a genuine reason to change employer. He changed his employer for his better propects but at the cost of Green Card.
 
AC21

Tell your friend to get in touch with a good attorney and appeal the INS' decision. AC21 exists for precisely the reason you've mentioned in your last sentence. To change jobs for better prospects! There is no question of intent in this case. In fact, with the AC21, some attorneys argue that the original stance of intent is also lost. Either it is a grave mistake by the INS which they'd be glad to reverse, or there is more to the situation than your friend is letting you know.


Originally posted by vinidel
He will be contacting his lawyer. He thought call for an interview is just a regular part of green card processing.

According to him, INS officers wanted some documents proving that it was not his intention to leave the original employer. They wanted a termination letter from his original employer.
But unlike those cases were employees get layed off, i guess they have a genuine reason to change employer. He changed his employer for his better propects but at the cost of Green Card.
Click to expand...
 
As per Intial Guidance Released by INS HQ of AC21 , it clearly states that the officer cannot reject the 485 Application just because the Applicant has changed jobs after 180 days and requires the Officer to consult the INS HQ before denying the application .

This might be a case where the officer must have been unaware of the New Law , he can file a motion to reopen the case with INS and with a good attorney can have the case Approved.
 
if the employeer terminates the employee and issue a letter then would it be a problem .?? AS i understood since GC is fature employment unless employeer terminates him he cannot change the job for a while.

any comments please
 
Hello everyone,

This is indeed a sad news. Hope the decision is reversed. There may be other issues not known to the applicant.

I would encourage all who have been given interview appt at various local INS centers, please consult with your lawyer and have him/her accompany you at the interview. It may cost $$ but along with it comes peace of mind, good legal advice and approval.

On the other hand, these INS decisions can be appealed and won unlike consular processing where embassies/consulates are outside the jurisdiction of the INS and no lawyer can appeal such verdicts. AOS is always safer than CP.

God Bless!
 
I applied 485 in FEB 2002. My client was asking to join since a long time. Last week only I told them that I can join using AC21 as its already more than 180 days. My client has already started paper work. After reading this story, I do not know what to do now? I am confused and double minded. I don't think I have the option of telling my client about not joining at this stage of the game as things have already moved far. Guys any suggestions? May be your suggestions will help me deciding and will give some peace this troubled mind. INS is unpredictable.........
 
Feb2002Case

Just make sure, that a good attorney is representing you from Ur new employers side..

That should be enough....And that is the best thing to do...
 
asdasd: Thanks for your suggestion! I appreciate it. Can I continue with my old laywer as he knows my case already. Though my old lawyer is company's lawyer but I guess he is good. I did not talk to him yet fearing he might inform my company. (U never know).
 
hey guys,

Thanks for your views & response. Here are some detail info from my friend whose 485 got rejected.

His attorney told him that 180 portability rule comes with rule of intent to employer who has filed for your green card.
And according to the attorney, rule of intent is if you change your company, all you have to do is to prove to the INS that it was never your intention to leave the employer who filed for your green card. But you did so either you were layed off or your company kept you on bench without salary.
He asked him to get the termination letter (not the resignation letter) from the employer, stating that they have asked him to leave the company or they have layed him off.
So then it proves that it was not his intention to leave the employer.

And why this rule is called as 180 Portability rule because according to INS book rule - INS is suppose to adjurdicate your change of status withing 180 days of your filing 485. So if anything happend after 180 days, you can change the employer with the rule of intention to prove.

And if anything happens before 180 days, then book rule says you have to do the filing again from the new employer.

Well honestly to me it looks, all these INS rules are too complicated and complex and no one is sure of what's happening. The best bet is to get the stamping done and the leave your current employer.

Anyhow, few people are lucky but not everyone.

Wish You all Good Luck with INS..
 
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That means you cannot change employer after 180 days on your own. if they layoff us u will be safe? if we found another job.

what if they layoff before 180days? then can we join new employer?

please comment
 
interesting.....

thats very useful information about the portability rule.

Looks like, all 485 approval seekers who are planning to switch employers for better prospects will have to get themselves 'laid off' first b4 joining the new employer.

All the best to them.....

Calgal.
 
disturbing how INS can be so unpredictable

vinidel

i have posted a similar question before abt AC21 since i was also planning of leaving my employer for another. nobody replied at that time & i am glad now that someone brought up this topic. im sorry abt how things are now with your friend but hearing this story made me think twice & actually decided to endure the long wait rather than taking the risk & get into deeper trouble. im confident that presenting the termination letter will turnover INS' decision but still, fact remains that we can't win against them & we're in their mercy until we have the actual gc in our hands.

i would apreciate if you can continually post info on this. tnks agn.
 
As Per Reputed Attorneys and INS Spokesperson , The 485 Applicant can leave the Company Voluntarily or due to layoff after 180 Days and nobody disputes that and AC21 Law clearly states that.

The Only thing which is not clear at this time is that for Cases which are less than 180 Days old which also seem to be get approved.

I have seen more than 99% Approval rate in Post 180 Days Job Changer Cases and the other 1% Cases are those which have been on hold in Local Offices or given Intent to Deny.

Recently Law Office of Shiela Murthy has got a Case Approved from INS where INS initially Denied the 485 , because the Applicant changed jobs before 180 Days . They have filed a motion to reopen the Case and the Case was approved !!

You can find out more about the Case on Murthy.com newsletter.

For More Information Regarding these Topics visit:
Yahoo 180 Days Discussion Group:

http://groups.yahoo.com/group/180days/

Group Email Addresses

Post message: 180days@yahoogroups.com
Subscribe: 180days-subscribe@yahoogroups.com
Unsubscribe: 180days-unsubscribe@yahoogroups.com
 
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I have a simple rule of thumb (ofcourse for my own convenience but u r welcome to pursue it):

The spirit behind an employer sponsoring GC has always been to ensure and imply that employee would continue his/her services with the sponsoring employer for a R&C period even after GC approval.

Now, new rules have come in like AC21 which provide more leeway to the employee in terms of job prospects, but please look at what I "cut and paste" below from what I had written in another thread and may be this could be helpful:

=============================================
Yes, employer cann't cancel ur GC at all on its own. But remember AC21 is still in a very amiguous stage of interpretation., until concretized. Therefore, I have following suggestions:

1)if u can afford to not leave ur employer after GC approval: Best thing to do

2)if u r laid off after GC except for misconduct etc.: still u r safe to join another company without getting ur GC status affected at all

3)if u leave ur present employer in good spirit (now that's a subjective matter): Still OK

4)if u leave employer with bad taste in latter's mouth: u fall under the fuzzy logic state wherein u won't know for sure what the implications could be unless u want to interpret AC21 in ur own way

5)leaving after 6-12 months (good or bad taste): fairly safe even considering AC21 ambiguities
===========================================
 
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