Switching jobs (AC21)

E

eadwoes

Registered Users (C)
Hi,

My I-485 is under processing and I am planning to change my employer. I received my EAD card in July 2003 but have not been asked for fingerprinting yet. 180 days from the I-485 receipt date have passed.

I have an offer which gets me about 25k more than my present job. If and when I decide to take up the new offer, would I need to change my lawyer (my current lawyer is paid for by my employer)?

Also, since I am switching for money (not laid off), I do not think my present employer would be very co-operative. In such a scenario, are there any other things I should keep in mind?

Please advise.
 
If you are comfortable with your current lawyer and if your current lawyer is willing to continue to work on your case, and your new employer is okay with your current lawyer (if the new employer is paying for your GC) then you do not need to change your lawyer.

you may find additional info at the below links.

http://boards.immigration.com/showthread.php?s=&threadid=103191

http://boards.immigration.com/showthread.php?s=&threadid=103150

http://boards.immigration.com/showthread.php?s=&threadid=103000
 
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If your I140 is approved, then you can change job provided you have a copy of your LC so that you know what is mentioned in the LC for your job title and job description. If you don't have a copy of LC and if your current lawyer is not going to give that copy to you, then it is better not to change the job. You don't need to worry much about the cooperation ofyour current employer if you have a copy of LC and if your new employer promised to provide all the necessary documentation to support AC21 case.
 
dsatish

Originally posted by dsatish
If your I140 is approved, then you can change job provided you have a copy of your LC so that you know what is mentioned in the LC for your job title and job description.

If you don't have a copy of LC and if your current lawyer is not going to give that copy to you, then it is better not to change the job.

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It was my impression that you can get a copy of LC and also I140 approval notice from BCIS using FOIA rules ? Correct me if I am wrong. Also which desi employer would want to give a copy of LC ?
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You don't need to worry much about the cooperation ofyour current employer if you have a copy of LC and if your new employer promised to provide all the necessary documentation to support AC21 case.
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Okay here is what I found.

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf



http://immigration.about.com/library/weekly/aa090903b.htm
 
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Originally posted by tammy2
what is I140 status? Try to to get the copy of Lobor and I-140 approval notice
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I-140 is approved. I filed sequential (not concurrent) so I-485 was applied after I-140 was approved.
 
Originally posted by pingpong02
If you are comfortable with your current lawyer and if your
<snip>
then you do not need to change your lawyer.

you may find additional info at the below links.
<snip>
Click to expand...

Thanks PingPong02. I am also leaning toward retaining my current lawyer. My friends are telling me the same thing. And the reply I received from Murthy's office is so loaded with cr*p :-) that I would think twice before having them as my lawyers. And they are asking for $2000 to begin with.

I went through the links you posted and they helped. As do other posts on this forum. Thanks a bunch.
 
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