Urgent advice needed: AOS interview & job change on the same date

[I485applicant05]

Dear Gurus,

I have a very urgent and unique situation. I need your advice ASAP and also believe this is a very unique situation for great discussions.

My I-485 has been pending since Oct 2004 (see case info at the end) and I decided to change job recently and accepted an offer. I am supposed to start the new job on mid April (pending H-1B transfer) and then invoke AC21 later on.

The situation suddently got very tricky: I just received the interview notice for my AOS, and the interview date is right on the same date I plan to start the new job! Initially I thought this is perfect because I can just delay my new job for a few days and go for the interview while I am with my current employer. However, my brief research seemed to suggest that it's bad to change job immediately after getting GC (assuming my interview goes well and I get my GC).

So, what should I do? I guess the options are:
1) I can try to start the new job BEFORE the interview. But what if my H-1B transfer receipt has not arrived yet by then (not filed yet as of now)? I have EAD so can start with my EAD, but I do not want the risk (of potential AOS denial). Also is there risk changing job days before the interview?
2) If I stay with my current employer, is it really bad to then leave the next day or two after the interview?
3) what if I don't get my GC at the interview (like name check delay etc)? should I stay with current employer or start the new job?

The fact is, I decided to change the job BEFORE the interview notice arrived. The interview notice arrived one week after I accepted the job offer... I intended to use AC21, but never imagined the interview would come right at this moment...

Your comments and advices are greatly appreciated.

--------------
140 RD: March 2003 (EB1, outstanding researcher)
140 AD: August 2004
485 RD: Oct 2004
485 transferred to local office: May 2005
first 485 interview scheduled: Sep 2005 (postponed)
New 485 interview:mid April 2006

 

[TheRealCanadian]

1) I can try to start the new job BEFORE the interview. But what if my H-1B transfer receipt has not arrived yet by then (not filed yet as of now)? I have EAD so can start with my EAD, but I do not want the risk (of potential AOS denial). Also is there risk changing job days before the interview?

Shouldn't be. So long as the job offer is bona fide and you have the offer letter, then this would be your best option. You do NOT want to provide your current job at the interview, especially if you have already accepted a new offer. That's pretty much fraud.

It's clear you have a new job offer, which is all you need.

 

[I485applicant05]

Shouldn't be. So long as the job offer is bona fide and you have the offer letter, then this would be your best option. You do NOT want to provide your current job at the interview, especially if you have already accepted a new offer. That's pretty much fraud.

It's clear you have a new job offer, which is all you need.

TheRealCanadian, thanks a lot for the response. I want to challenge you (and other experts) on whether interviewing with my current job is indeed a fraud: the fact is, I accepted the new job offer BEFORE the interview notice came. So my intention was not to leave the current employer immediately after obtaining my GC. Rather, the intention was to use AC21 for my job change. Now, because the interview is scheduled same day as my new job starting date, I'd like to start my new job a few days later, so I don't need to use AC21. Why would this be considered a fraud?

If this is considered a fraud, why is it different to start the new job just days before the interview? That could supposedly be considered as fraud as well -- to avoid leaving current employer right after the interview...

I'd appreciate the comments from any experts on this.

 

[TheRealCanadian]

If this is considered a fraud, why is it different to start the new job just days before the interview? That could supposedly be considered as fraud as well -- to avoid leaving current employer right after the interview...

Don't over-analyze this. At your interview, you're going to be asked for evidence that you have a job offer that you intend to accept once you become a permanent resident. Since you're clearly intending on taking the new job, that is what you should present at the interview.

In answer to your quoted post, you are explicitly allowed by AC21 to change your intent at any point before permanent residency is granted. What is important is that you have a good faith intent to work for the proferred employer at the time your case is approved. The new job is the only job you can in good faith claim you want to work for, right?

 

[GreenCardVirus]

As long as you change your job before 485 approval, there should not be any problem. You need to have proper documentation for future purposes (citizenship) to show that you indeed changed before 485 was approved.

 

[I485applicant05]

than you for the discussion!

Thank you TheRealCanadian and GreenCardVirus! I appreciate the discussion and the advice. This forum is great! I'll bring up the new job and state that as my preferred employer at the interview. Whether I'll start the new job before or after the interview is basically irrelavant. The "intend" is the important thing.

Just a side question: if my name check is not cleared yet at the interview, can my wife still possibly get her GC - assuming her name check is cleared? Will they adjudicate my wife's case if my name check is pending?

I had to go for second fingerprint a month ago -- does that mean my name check wasn't cleared at that time? I asked several times at the local office about name check status, and you won't believe it: the answers switched between "yes" and "no" several times. I have no idea what's going on...

 

[TheRealCanadian]

Just a side question: if my name check is not cleared yet at the interview, can my wife still possibly get her GC - assuming her name check is cleared? Will they adjudicate my wife's case if my name check is pending?

If your wife is a derivative applicant, then no - she cannot get a GC until you get one.

I had to go for second fingerprint a month ago -- does that mean my name check wasn't cleared at that time?

It means your fingerprints expired, and is a good sign. Generally speaking the local offices do not bother scheduling the interview until they complete everything else, including the fingerprints and other security checks.

 

[I485applicant05]

If your wife is a derivative applicant, then no - she cannot get a GC until you get one.

It turns out, my wife's interview is scheduled one week after mine (I thought it would be together). Does this mean if I don't get my GC at my interview (due to whatever pending), they simply would cancel my wife's interview? Or would they still go ahead with her interview and give "conditional approval" or something like that? I'd appreciate your response on this.

-----------------------------
140 RD: March 2003 (EB1, outstanding researcher)
140 AD: August 2004
485 RD: Oct 2004
485 transferred to local office: May 2005
first 485 interview scheduled: Sep 2005 (postponed)
New 485 interview:mid April 2006

 

[GreenCardVirus]

If your wife is a derivative applicant, then no - she cannot get a GC until you get one.

It turns out, my wife's interview is scheduled one week after mine (I thought it would be together). Does this mean if I don't get my GC at my interview (due to whatever pending), they simply would cancel my wife's interview? Or would they still go ahead with her interview and give "conditional approval" or something like that? I'd appreciate your response on this.

-----------------------------
140 RD: March 2003 (EB1, outstanding researcher)
140 AD: August 2004
485 RD: Oct 2004
485 transferred to local office: May 2005
first 485 interview scheduled: Sep 2005 (postponed)
New 485 interview:mid April 2006

Just because your are a researcher, you dont have to think so much!! (just kidding).

You may or may not go to interview, but it will yeild nothing unless you get approved. They might not themselves cancel the interview. You can still go if you want to. But, if they approve your wife's by mistake before your's and you knowingly keep quiet about it, it can constitute a fraud on your side.

 

[I485applicant05]

passport stamped

Hi guys,

Just wanted to share with you the good news: both my wife and I got our passports stamped on our interview. Officer told us the plastic card will arrive in about three months. Finally, the long and difficult wait is over!

I spent a great deal of effort thinking of when to start my new job, how to explain why the new job is same as the old one etc... but we were really fortunate to have a smart and nice examiner. She asked for letter from my current employer, which my attorney presented. Our attorney then (very proactively) mentioned that I had an offer from another company, and presented the letter and said that it's in the same occupancy. The examiner did not even look at the letter, but said: "that's good. Just in case if there is question in the future...", then put the letter in the file. She proceeded with a few other questions and then went ahead to stamp my passport. It was very smooth and straightforward.

This is a great forum and I learnt a great deal here. Thank you all for the help!