Should I stay or should I go?

K

kkuregian

New Member
Hi Everyone!
I have been working for a current company for 6 years, I got my LC approved, have I-140 approved on May 16, 2003, received my advance parole documents and my I-485 receipt Notice date is November 5, 2002.
I am pretty unhappy with my job but afraid to look for something else since the GC process is taking so long and I really don't want to restart the whole thing over. From all of the information I read on the forum I wanted to make sure I understood everything correct.
1) if I want to find a different job now I should find one that has the same job description, the part that I didn't understand is: can it be in a different state or not? and will I be able to use AC21 (since my receipt date for I-485 is 11/5/2002) if I decide to get a different job and move to a different state?
2) if I don't try to get a new job before my I-485 is approved I will be stuck at my current job for quite a long time, since its going to take a long time before my I-485 is approved, plus 6 months that I will have to stay after I get my GC ( is it 6 month after I get GC or 6 month after I get my I-485 approved?)

So, is it better to change jobs before my I-485 is approved? After my I-485 Approved? Or after I get my GC?

I would really appreciate all the suggestions I can get.
Thank you very much for your help

Karina
 
Hi Everyone!
I have been working for a current company for 6 years, I got my LC approved, have I-140 approved on May 16, 2003, received my advance parole documents and my I-485 receipt Notice date is November 5, 2002.
I am pretty unhappy with my job but afraid to look for something else since the GC process is taking so long and I really don't want to restart the whole thing over. From all of the information I read on the forum I wanted to make sure I understood everything correct.
1) if I want to find a different job now I should find one that has the same job description, the part that I didn't understand is: can it be in a different state or not?
-- it can be in any state
and will I be able to use AC21 (since my receipt date for I-485 is 11/5/2002) if I decide to get a different job and move to a different state?

--- You wrote that you got I-140 approved on May 16, 2003 and you post that I-485 receipt date is 11/5/2002, how did you file I-485 before I-140 approval date? Did you file concurrently? Some info is missing here, to get correct info provide in detail when I-140 was filed when it got approved and when you filed I-485, if you have I-140 approved and I-485 pending more than 180 days and your I-140 is not reviked while I-485 is pending for 180 days you may use AC21 and you have to fulfill other AC21 criteria
2) if I don't try to get a new job before my I-485 is approved I will be stuck at my current job for quite a long time, since its going to take a long time before my I-485 is approved, plus 6 months that I will have to stay after I get my GC ( is it 6 month after I get GC or 6 month after I get my I-485 approved?)
-- 6 months to 1 year after you get GC
So, is it better to change jobs before my I-485 is approved? After my I-485 Approved?
If I-485 is approved then you have to work with original GC sponsor, if you want to change employer better change before I-485 gets approved and use AC21
Or after I get my GC?
--After GC you have to work with the employer whose letter you use for future job offer
*** The best option for you is if you are still on H1b file 7th year extension based on pending I-485 once it is approved file for H1 transfer with new company and change the employer, if you used EAD then can join new employer with EAD
 
My I-140 has been filed the same time my I-485 was filed, so the RD for I-140 and for I-485 are Nov 5, 2002. My I-140 was approved on May 16, 2003 and I already have the EAD card. My H1B extention for 7th year was approved as well.
 
Ginnu - please when u reply, for GC sake use a different font style. This makes your replies more readable.
We all appreciate your prompt response to people's queries and we hope you continue the good work.

Thanks.
 
Hi Karina,

My situation is similar. My notice dates are also Nov and ( although my 140 is not yet approved) it probably will be within the next couple of months. My job is fine but I would really like to move out east. Do we really need to wait for upto 2 more years ?

A different state should not matter at all. The part that I'm confused about is the 'Same or Similar Occupation'. Particularly in the IT field were there are many many titles .. exactly how strict is the BCIS interptretation of 'Similar' and is it is in some way tied to that classifaction code we need to put on our EAD renewels. Some will say that both job titles should match exactly - but perhaps that advice is overly careful.

I also wonder about the 'you should stay with employer for 6 months or more after' because your aproval is based an ongoing job offer. I would think that AC21 would overrule this. I would be very interested to hear of an example of a case of a person who had their GC taken away just because they changed jobs after they had been approved.

Personally I think you are safe to change jobs now that your 140 is approved If its 'same or similar'. The latest memo from BCIS suggests you should notify them - send a letter. If the company iswilling to also transfer the H1 then thats a nice backup if your case gets denied but I would move just on EAD if you are comfortable with your case.

Note: Like everyone else I'm not a lawyer - and I'm probably not one of the overly cautious ones on this board.

Nigel
 
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