To do or not to Do???Dilemma suggestions accepted!!!

S

SVSS

Registered Users (C)
Hi,

I am in a dilemma whther to inform INS vermont of my new addresss in Chicago Here aremy details:

RD 01/29/02.I relocated to Chicago from VA in the last week of OCT infomed address change thru AR11 , just wanted the lawyer to know the change too , before informing INS vermont .

I was on the phone to inform INS vermont (listening to the menu) and sudently I see the mail from Lawyer asking me not to inform INS, vermont of the address chanege because my case might get transferred to INS,Nebraska.

And also he put me in soup saying I need proof address in VA in case I get an interview .

All he said was it would be my call to inform INS ,Vermont of the new address .He was tilting towards not informing INS ,Vermont and let the case proceed and hanlde the interview(in case) at that time .

I am in total dilemma .Also since I changed my employer after 180 days the lawyer was telling I have to be employed with the sponsoring employer till the 180th day.(Is THIS TRUE???) I was not employed for 180 days with the sponsoring employer ater filing my 485 .

All I thought is if the AOS is pending for more than 180 after filing AOS I can chnage employer .so kind of confused here too.....

Looks like I made a mistake accepting a project in Chicago........well which is important GC or JOB???? the later I guess ....


please let me know your comments ......

HELLO PLEASE DONT SLEEP THRU MY STORY!!!!:)
 
I can't believe that your lawyer suggested something that was against INS rules. Read this: http://www.ins.usdoj.gov/graphics/howdoi/address.htm

If something happened to you in the future and INS discovered that you never told them about your address change, you could be in a big trouble. The INS does not care what other people, including your lawyer, tells you about the address change. The burden of proof that you have informed the INS properly is on you. It is also not of your concern if the INS puts your AR-11 in the huge pile of that form in their warehouse. Call them and make sure that your current address is on their system! Read the section "Penalties for Failure to Comply" on that web page.

About the 180 days rule - your lawyer really needs to learn/read the AC-21 more closely! GC is for the future job with the assumption that the opening/job will be there when your GC is approved. According to AC21, there is NO requirement to work for the sponsoring employee within 180 days of filing your I-485. However, the AC-21 says that you are allowed to change employer IF your case is not adjudicated in 180 days AND the job has to be in the same/similar occupation as listed in the LC and I-140.

Is your lawyer an experienced immigration lawyer??
 
1) Technically you are required to inform the INS about your move to a new address.

2) Here is some interesting info. I interpret the article as saying that the 180 days are really not how long you had the job, but that it took the INS at least 180 days for processing your I-485 (which they did).

http://www.ghsltd.com/immigration/F...Portability.doc

3) Talk with a lawyer that has experience in these situations! For example Ms. Murthy or Mr. Khanna. (or ask your lawyer if he has any cases on which he is basing is recommendations, or if his recommendation is solely based on his interpretation of the portabily rule). Also, a lawyer that recommends something that is against the INS rule (i.e., reporting new address) but at the same time telling you it is 'your decision' leaves you with the downside risk. In case things turn ugly he will probably be the one who says 'too bad'...

Good luck!
 
In my opinion...

__________________________________
I am in total dilemma .Also since I changed my employer after 180 days the lawyer was telling I have to be employed with the sponsoring employer till the 180th day.(Is THIS TRUE???) I was not employed for 180 days with the sponsoring employer ater filing my 485 .
___________________________________

If your attorney is counting the no. of days you worked with your spo.employer , that may be wrong. The 180 days rule is from the date of RD (RD/ND whichever is later, to be safe) and if you have changed the job after that, you are safe. Also since 10 days date of notifying the address to INS is observed strictly (atleast in news) it is better to inform INS now. Since as your question at the end explains how you view Job than GC, let INS take the decision to transfer the file, or send you an RFE without interview. You atleast will be safe since you observed all the rules. Best of luck

_p_a
 
I did file AR11 and I chanegd job after 180 days of filing AOS .

The only dilemma Is wether to call INS,Vermont and inform them???

If Yes :

Will they transfer the case to Nebraska center ( th e current processing date is 04/01 I guess)

If NO:

What happens if I get a Interview call??or RFE
 
You need not call...

to inform that you have changed the job. However if (that too if..) RFE comes, just reply to the RFE with whatever document they ask for. Usually they accept the supporting document and approve the case. :)

Since VSC is still struggling with OCT cases, keep your finger crossed, donot wake them up to send your file to Nebraska by calling them. :D
 
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