140seekerJune
Registered Users (C)
Anybody in this position? I am planning to resign from my current Employer after sending the RFE. Will this cause some problem?
Resign after sending the RFE
- Thread starter 140seekerJune
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honeyhappy
Registered Users (C)
Am also looking for the same answer please any senior memeber of forum?
The short answer is yes. The I-485 is for future employment by the company, so if you don't intend to be employed by the company then you have what I call a fraudulent I-485. Now, whether INS catches on is a different story. I believe taking the course of action you suggest increases the probability of complications significantly, so I'd advise strong consideration of the risks, before determining what is acceptable to you.
resign after RFE submission
As long as it's been 180 days since you filed your 485, don't see any problem with it. I am sure you're aware of this AC-21 rule, right ? The info you're telling us is very minimal though.
Just make sure you show the copy of your employment RFE letter to your new employer and make sure they won't mind writing that same letter in case another employment RFE arrives; the chance for the 2nd empl. RFE is very very little but better be ready than sorry.
As long as it's been 180 days since you filed your 485, don't see any problem with it. I am sure you're aware of this AC-21 rule, right ? The info you're telling us is very minimal though.
Just make sure you show the copy of your employment RFE letter to your new employer and make sure they won't mind writing that same letter in case another employment RFE arrives; the chance for the 2nd empl. RFE is very very little but better be ready than sorry.
paulclarke1
Registered Users (C)
My understanding is that they key issue with an I-485 filing and AC21 is intent. An I-485 is based on future employment and when you file your case, you intent must be to work for your sponsoring employer 'permanently' (what ever that means). I think they would view your RFE response as restating that intent. If you were waiting to respond to the RFE before resigning, then clearly you did not have that intent. I think you are likely to get away with it, but if they wanted to take a close look, then you might have some issues. Perhaps you should prepare some supporting evidence just in case the issue comes up, showing a dated job offer that is post the RFE response date. Better to get your duck in line now than wait for something bad to happen later on.
140seekerJune said:
congrats on your resignation. in order for your i485 to be strictly legal, you need to find another job with the same position/description pretty darn quick, thus invoking AC-21 protection for your i485 before it is approved.140seekerJune said:
of course, you might get away with it (and in all probability, you will), but i'd err on the side of caution and keep everything within the bounds of legality, but that's just me.
pork chop is right
another case in point- for my ead renewal. ins issued a query, i responded to the query and then 2 weeks later they reissued the query- no clue what happend to our response. and, before i had responded to the query, ins status had inadvertently changed to "we recieved your response"
morale of the story- never trust ins - strange things can happen
in your case I would monitor case status daily to make sure status changes to "we received your response/....." to make sure they received the letter.
and start looking for a comparable job asap! keep a copy of your labor cert, so you have a sense of job category, description as outlined therein
best luck and remember, none of what folks here say constitutes legal advise. best to check with attorney
another case in point- for my ead renewal. ins issued a query, i responded to the query and then 2 weeks later they reissued the query- no clue what happend to our response. and, before i had responded to the query, ins status had inadvertently changed to "we recieved your response"
morale of the story- never trust ins - strange things can happen
in your case I would monitor case status daily to make sure status changes to "we received your response/....." to make sure they received the letter.
and start looking for a comparable job asap! keep a copy of your labor cert, so you have a sense of job category, description as outlined therein
best luck and remember, none of what folks here say constitutes legal advise. best to check with attorney
You're serious about that !?!?!?!140seekerJune said:
If that's the case, my company would be down to less than half the number of folks by now ( with weekly builds
)He probably also thinks Mr. W is the greatest president ever140seekerJune said:
ex-cop you mean ??140seekerJune said:
peace_of_mind
Registered Users (C)
140seekerJune,
Do not worry, I am facing similar problems with the managers at my client.
In the recent past the local americans have the fear of loosing their jobs, so they talk non-sense.
Do not worry, I am facing similar problems with the managers at my client.
In the recent past the local americans have the fear of loosing their jobs, so they talk non-sense.
paulclarke1
Registered Users (C)
Document Document Document
Given all of this you need to make sure you keep documentation on all of this. What you want to show is that it was your intent to stay with the sponsoring company and that they drove you out. Bad review, hostile work environment, going to be laid off, etc. The easiest time to gather this information is now. This will make sure that 5 years down the track and you get the typical BCIS a**hole that you can pull this info out of your file and show them.
Given all of this you need to make sure you keep documentation on all of this. What you want to show is that it was your intent to stay with the sponsoring company and that they drove you out. Bad review, hostile work environment, going to be laid off, etc. The easiest time to gather this information is now. This will make sure that 5 years down the track and you get the typical BCIS a**hole that you can pull this info out of your file and show them.
140seekerJune...
good advice by paulclarke1.
i feel i owe you an apology. clearly i did not know the circumstances that you have had to deal with, so the hint of sarcasm in my last post was completely uncalled for.
in addition to the documentation that paulclarke1 recommends to you to collect, i would also advise you to try and find another job prior to your approval if at all possible to take advantage of AC-21 protection. i know this is easier said than done, but, as paulclarke points out, USCIS has its fair share of assholes too.
good advice by paulclarke1.
i feel i owe you an apology. clearly i did not know the circumstances that you have had to deal with, so the hint of sarcasm in my last post was completely uncalled for.
in addition to the documentation that paulclarke1 recommends to you to collect, i would also advise you to try and find another job prior to your approval if at all possible to take advantage of AC-21 protection. i know this is easier said than done, but, as paulclarke points out, USCIS has its fair share of assholes too.
peace_of_mind
Registered Users (C)
May be your manager and his chamcha have planned well in advance and are in a process of builing up a case against you to lay you off...
Presently, are you receiving the equivalent salary mentioned as mentioned in LC for GC?? or Is the salary mentioned on LC for GC is higher than what you are receiving now??? Is there a link??? In case they do not want to pay salary mentioned, they may start acting right from now..., build a case to lay off. Try to analyze from all directions.
Presently, are you receiving the equivalent salary mentioned as mentioned in LC for GC?? or Is the salary mentioned on LC for GC is higher than what you are receiving now??? Is there a link??? In case they do not want to pay salary mentioned, they may start acting right from now..., build a case to lay off. Try to analyze from all directions.