Switching Jobs Right around 485 approval

L

linkslinks

Registered Users (C)
Has anyone switched jobs that is right around the time of
485 approval? I mean, let's say the service center is
currently approving 485 with your same RD you hold, and you happen to get a job offer at another company somewhere else a few days after the approval.

Could you possibly take this job? Technically, its a similar job
with similar pay yet the rule of thumb was not to switch employers after you got approval [and stay a safe 6 months] but if its a matter of days between BCIS approving the 485 and you getting a new job offer, that would be a hard call, wouldn't it?

My lawyer says it doesnt matter if you switch but cautions that for portability to work well, the new job would have to be similar in function, and pay.

Any thoughts?

:(
 
As far as I know - AC21 applies as long as you are not approved. If you are approved - I think you would need to stay with the sponsoring employee for certain period of time to show the intent to work with him. I entirely agree with you - if there are just few days - it will be a hard call to make.
 
job letter before approval

Maybe it wouldn't matter if the actual job offer is dated before
the approval date.
 
In a similar situation

I am in the same situation and I accepted the job offer. My job offer was dated early June, my start date is mid-July.
Based on my RD date I think my case could be processed any time now. My salary will be higher than the LC salary, job titles are different, but responsibilities are similar. My lawyer told me that this would not be an issue but I am also very nervous...

Can anyone share their thoughts on whether the date of the actual job offer matters? Then even if approval comes before starting the new job the job offer would demonstrate the intent to leave prior to the approval... Thanks.
 
Last edited by a moderator:
linkslinks

I don't think it matters...
If you are with company "A" and under AC21 you change your employer to say "B". Once you are approved you can move to employer "C" or even before that.
Reason... intent of staying with your sponsored employer who was "A" (you left him way back) as when you were approved you were with "B".

I think if someone says that you cannot do this I think the person is contradicting AC21 rule.

I my self was company A (who sponsored my GC), because of layoff I joined company "B" after 11 months into the 485. Got approved may 14 will be joining new employer 14 July.

my .02 cents, you don't have to agree with me if you don't want to. I am not trying to convince anyone just giving my thoughts... who knows I may be wrong.

Almost_there (waiting for the card)
 
Be luck...

This topic is catched my eyes becasue of the same confuse & the same fear happened on me, too. That is really bothered when your case is that close to approval but no EAT to support it.

If I were you, I would take it if you get better offer and assume that you do not want to work the sponsor anymore. Otherwise, if you stay till case approved, you will still need to work for sponsor as long as another 6 months for safe from BCIS. But if you accept the offer, not only get more money (that's pretend that you do) but also no need to work for anyone in certain period of time.

That 's my thoughts.

Discusses it with your family. Listening to their thoughts is more important than ours.

Good luck...;)
 
i thought i shall add my 2 cents here

I switched jobs (AC21) on the 10th month of my 485(my baby:D ) thinking that i will be approved anytime. But, as always, things didn't happen as i thought !! I got a RFE on the 14th month(which in fact was my ND) for employment. Submitted everything from my new employer again with a hope that i will be approved anytime. Didn't happen !! My second employer was a consultant and i was working at a client who wanted me to join them after 6 months(i mean 10+6=16months of 485) i consulted LOSM to find out if i can switch again b4 approval and they suggested to do ASAP b4 approval. Again,things didn't happen as i anticipated. The client's HR took their own sweet time and gave me the offer letter a couple of days b4 my approval !! I asked my consultant company to give me a letter stating that it was not my interest to join the client but 'cos of the contract between the consultant and the client I was bound to join the client and they did. I joined the client in 3 weeks after GC approval and am still hangin' there !!:) Hope u understood my story and it helps too !!:D
 
I also had a similar stituation. After 13 months of my 485 application, I got RFE. My employer replied to that. Then there was no reply for 3 months and I lost my job and got a termination letter from employer. Next day after losing my job I joined a new job with similar responsibilities and salary higher than mentioned in LC (startinted the job using EAD). 7 days later my 485 was approved.
 
job offer

So do you guys feel like a job offer date of prior to the approval and a start data after the approval supports the notion that we did not leave the sponsoring employer because GC was approved... Therefore AC21 can still be applied? Thoughts?
 
From this week's Murthy.com Chat
FYI...!

Chat User : Can i change my company as soon as i receive my green card? Is it safe? if not, how long do I have to wait? Thanks in advance.

Attorney Murthy : There is no guidance on this issue after AC21. Prior to AC21 law, the safe rule was about 1 year after obtaining the GC a person could change employers. Without any guidance, the old rule would be safest to avoid problems when filing for citizenship.
 
does the new employer have to be willing to sponsor my GC ?

My case is --- I am about to reach 180 days after 485 filing, if I change the job, do I have to find an employer that is willing to sponsor my green card (like my current one who sponsors my green card in paperworks) paperwork ? If the new company doesn't want to do that for me, will it be a problem (since we are talking about Employement based PR !) ?
 
abc

Your new employer does not need to sponsor your GC as long as 180 days have passed after filing 485 and BCIS has not approved your application( per AC21). The only requirement is the new job should be same and similar to your job description in labor application. You would be able to work in EAD if the new employer does not want to sponsor a new H1. You might need to tell BCIS( this part is debatable) that you have changed jobs.
 
I changed jobs a couple of weeks before an RFE.

not because I wanted to , but I had to.

The RFE was for employment letter and paystubs. I provided the letter from the new employer (with some of the skills same from my Labor filing), and one paycheck each from the new and the old employers.

I know this really isnt after the approval, but I think you should be fine switching jobs after approval.

hope this helps.
 
to struggling

Hi Struggling

You must be a real lucky guy to have a job in hand to join immediately on the next day after ur termination....especially in this kind of job market
:D :)
 
Same job title or smae job responsiblity?..

Do we need to have the same(LC based) job title or same job responsiblity to use AC21?.

Thanks all...
 
after AC21

The AC21 is pretty clear about leaving after 180 days but not after. I noticed that "JoeF" placed a lot of information about intent, if applying for citizenship later, however, if you have similar job + pay after approval, the intent seems the same.
 
You must log in or register to reply here.
Top