URGENT!!!Help needed

S

sanju13

Registered Users (C)
I have RD date of 02/26/02. I have situation where my current employer might fire me if I dont get any project soon...but same time another company wants to hire me full time in my local area.

If I join new company I will be hired as Senior Consultant and where as my LCA is of Programmer Analyst (year 2000).

My new salary will be greater then my current salary.

I am really confused about all this as I dont have much knowledge about it.

Another big thing : What If I can manage to keep my current job by taking time off for now till I get GC and start another same time?

If any of you can help me that will be highly appreciated.

Thanks in advance.
 
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Go ahead and join the new job. There won't be any problem with
change in Title or higher salary. The most important thing is job description and skillset. Many people here changed jobs, got RFE and still got approved. Nobody is rejected till now. Why should you lose an opportunity now ?
 
Hey Sanju !,

According to the rule you cannot job if you have not completed 6 months on your 485, by your date it seems you are 2 months away from the 6 months period. Read more of this on murthy.com or on this forum itself.

You can do that thing which you have mentioned, take time off on vacation with your current employer, complete your 6 months on 485 and then change job to your new future employer using EAD. As mentioned by the dsatish, you wouldn't have any problem in approval due to job change, salary change or position change as long as you have skill sets matching to your LCA. Also, let the INS know about job change only if you receive a RFE towards your approval time.

Hope this helps,

Thanks
 
Hey Sanju !,

Sorry posting this again due to typos in earlier one.......

According to the rule you cannot CHANGE job if you have not completed 6 months on your 485, by your date it seems you are 2 months away from the 6 months period. Read more of this on murthy.com or on this forum itself.

You can do that thing which you have mentioned, take time off on vacation with your current employer, complete your 6 months on 485 and then change job to your new future employer using EAD. As mentioned by the dsatish, you wouldn't have any problem in approval due to job change, salary change or position change as long as you have skill sets matching to your LCA. Also, let the INS know about job change only if you receive a RFE towards your approval time.

Hope this helps,

Thanks
 
new1975, you are wrong in that, you can change jobs (same or similar category) anytime as long as your 485 remains unadjudicated for 180 days or more.

sanju13, you can go ahead and join the new employer. Even if your job title is different, as long as your job description matches that of your LC, it's good enough. There is one caveat though, if your employer decides to withdraw your 140 you'll be in trouble. As far as I know, they can do that only within 180 days of your filing 485. Best would be to have cordial relations with your current employer so that they don't withdraw the 140. If you're working on an EAD you could have more than one job, but not so if you're working on an H-1 since it's tied to that specific employer.
 
I am sorry, i thought your RD is Feb'02 . Now only i realised that it is Feb'03. I suggest that you should negotiate with your current employer asking him not to withdraw your I140/I485 application.
This is the most important thing. You may offer them that you will take 2 months off officially. It is very important for you to strike a deal with them.
 
mavishka I think you didn't read carefully what I wrote, read my reply, I said that you cannot change job if ur 485 has not completed 180 days. In sanju's case he still has not completed his 180 days on 485, if his date of 485 is feb'03. So he cannot join new employer before aug '03, got it ?.
 
Originally posted by new1975
mavishka I think you didn't read carefully what I wrote, read my reply, I said that you cannot change job if ur 485 has not completed 180 days. In sanju's case he still has not completed his 180 days on 485, if his date of 485 is feb'03. So he cannot join new employer before aug '03, got it ?.
Click to expand...

wrong again new1975 !!! there are no stipulations in AC21 against changing jobs, only that the I-485 remain unadjucated for 180 days. Mavishka is right, Sanju can join any employer now (making sure the job descriptions are similar) - the current employer cannot revoke the pending I-485. However, there could be a problem if INS decides to adjucate the case before August '03. But what are the odds of that happening? That can be prevented by delaying the FP or RFE.
 
Hi Sanju,
You can switch employers. The key for AC21 rule is when 485 is adjudicated and not when you change jobs. You should be ready to take the following risks though.

1. Your employer withdraws pending I-140. I assume that you have filed concurrently and that your 140 approval is still pending.
Revoking an approved 140 is different from withdrawing a pending unapproved 140. You are in trouble if your employer revokes your 140 before 180 days of 485 filing or withdraw your pending 140 anytime before or after 180 days(it really doen't matter). Your 485 will be denied in both the cases.

Remedy:- As mavishka says talk to your employer and confirm that he will not disturb your pending 140 in any way and will respond to RFE if any, before leaving him.

2. This risk is very unlikely as attilla says. Your 485 is adjudicated or approved before 180 days.

Remedy:- Not that I know of

Follow this url to know about job/title changes
http://www.murthy.com/ukchange.html
 
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Originally posted by new1975
mavishka I think you didn't read carefully what I wrote, read my reply, I said that you cannot change job if ur 485 has not completed 180 days. In sanju's case he still has not completed his 180 days on 485, if his date of 485 is feb'03. So he cannot join new employer before aug '03, got it ?.
Click to expand...

new1975:

It appears that you don't seem to be getting the point. The 180 days is not tied to when he can change his job but the time his 485 remains unadjudicated.
 
Many gets confused with this 180 days rule. Murhty defines it as 180 days to be adjudicated whereas some other lawyers (Kaplan, Freeman & O'sullivan) says its from the date of filing.

Use your best judgement but in IT world, opportunities dont come always. if you are going to be laid off anyways, why take the risk? who said that you will get a RFE anyways? unless, the 140 is revoked, you dont have a concern at all..
 
Will your sponsoring company fire you if there is no new project or will they but you on bench? You can have more than one job so you might as well stay on bench with your current firm for as long as you can - not that it is necessary, but why take any (small) risk if you don't have to? (risk = 140 withdrawal)

Regarding the 180 issue, this should not be a problem, but who knows how BCIS will interpret the AC21 provision by the time your approval is due.

=========================================
Chat User : Can I change my employer before the 180-day period after applying for I-485?

Attorney Murthy : It is possible to do so, but there is a risk that, once the AC21 regulations are promulgated, the person will not be able to continue the GC process. At present, as long as the BCIS takes longer than 180 days to process the I-485, the person is likely eligible to obtain the GC approval if the 2 conditions re the BCIS taking longer than 180 days and the new position being the "same or similar" to the original position are satisfied.
========================================
Chat User : My I-485 has been pending for the last 7 months. Now, if my employer revokes the I-140, will I be able to continue to go with my GC process independently?

Attorney Murthy : Based on AC21 language, a person should be able to continue the GC based on the I-485 pending in excess of 180 days. However, without any regulations on AC21, one is not sure how a particular BCIS examiner will rule on a case without an underlying I-140 petition. Verbally, BCIS senior officers have informed us that the I-140 is not required if the other conditions are satisfied under the AC21 law. One has to wait and see, though, to be 100% sure.
========================================
 
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THANKS FOR HELP

I think I will hit a deal with my current employer and keep 2 jobs for time being till I get Green Card.

Sorry My RD date is of year month :Feb year :02. It was typo as ** you know situation just boils my blood***

I have already passed 180 days.

You guys are wonderfulllllll!!!! for extending me help in this hard time....I dont have words to express my gratitude towards you all....

I was wondering : what if current employer fires me then I dont have any other choice other then taking new job...but ..will it make things more legally correct? ** THEY WILL NOT REVOKE I 140.

I hope we all get GC soon and live a life like human rather then dog:( ...and top of that no more approvals are coming ...since june 1st.

Regards,
Sanju
 
I read this from murthy or some immigration site,
if your employer fires you from the job and if 180 days is not passed , you can change job wihtout no problems you can use ur EAD or with H-1 transfer

but if he revokes ur I -140 and 180 days passed we are safe.

otherwise what will be situation of GC .. in current economy, i guess they will aprove if ur employed.

Coming positions like Sr consulatnt or Sr Leader what ever it may be, those all are compnay grades.But when it comes INS ,companies have to notify to INS what catagory it will be

Pl clear me if i am wrong

thanks
 
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