Urgent: I485 Approved:Wants to work with current employer and also want to work with

G

golmalhe

New Member
I just got my I485 approved and I would like to change the employer and I am getting good offer. Now according AC-21 portability I can't change employer for atleast 6 months. So I was thinking that to have two jobs going. One with the employer who sponsored my I485 and one with new one.
I do 80-20 with my current employer and I haven't been taking money for all hours I work in my paystub since I485 filed. That way I have a pool of some money left with my current employer so that I keep getting regular paystub incase I am on bench. Now I have atleast 1100 hours of pay left with my current employer so I was thinking that I join this new employer while I am still working with my old employer for atleast 6 months.

If someone has done like this before, please respond to my question ASAP.
 
If your I-485 was approved, that means you can change to any employer. AC21 is for people only have I-140 approved and I-485 has pended for more tyhan 180 days.
 
Shouldn't you be able to register a company on your name, ask your new employer to pay to your company (assuming this is contracting position).

On similar lines you old company can pay your company. You can hire a CPA.
 
know a online billing co

i know a billing co. the deal is simple, they farm you out and run your payroll and give you all paperwork pay all your expenses and allow you to do time,expenses and retirement 401k disability etc online.

they keep 4% of billing rate all the rest is yours as salary after your expenses,retuirment and whateve else you spend.

they dont market people,only do billing and collection and you dont ahve to start a company or pay for payroll processing and can still maintain w-2 status. useful if goverenment contract as they are authorized govt vendors,so can cut some middle layers of dalals out

its a good deal for someone who does not care about paperwork etc.

iof you are interested and ahve a contract i will put you in touch with them.

everyhting is done online. and everyhting is visible to you 24 hours a day.

you get your paycheck 1 week after they get cash via direct deposit.
all insurance etc is all optional and you choose what you want. they dont care as long as they get 4% fee. the rest is entirely yours.

PM if you need more details.

if i was you,i would invoice the "billing company" the balance 1100 hours and collect the rest for 4% not 20%. they give you w2 etc once your 485 is approved to give 20% to anyone is not stupid,its criminal. why slave for someone any longer than you ahve too?

dont waste your cash, time to move on, either do what i did or start your own company.do google search incorporate company. but rememebr health insuracne retirement etc are all pain to do. also with the co i work with you get 2 million free liability insurance which you need asa contractor
 
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Thanks to all for reply. But I think I am still not getting the right answer.

I heard that once I485 is approved you should not change employer. If you do that then INS may charge you for a fraud as INS may think that you were just waiting for the GC and they may also charge you for FRAUD. It can also create problems while applying for citizenship. To find out about this rule, following is the link.

I485 FAQ

Now I would like to change the employer as I am getting good offer. Now according above rule I can't change employer for atleast 6 months. So I was thinking that to have two jobs going. One with the employer who sponsored my I485 and one with new one. Now following is the way I am planning to work this one out.

I do 80-20 with my current employer(who filed my I485) and I haven't been taking money for all hours I work in my paystub since I485 filed. That way I have a pool of some money left with my current employer so that I keep getting regular paystub incase I am on bench.

Now I have atleast 1100 hours of pay left with my current employer so I was thinking that I do independent contracting with this new employer for 6 months while I am still working with my old employer for atleast 6 months and getting paystubs out of my 1100 hours. That way I can prove to INS that I was with my old employer(who filed for my I485) for 6 months.

Let me know if I can do this or not.
 
the possible solution

i think there is no rule that says that you cannot work for more than one employer. you are autorized to work based on evidence of 485 stamp.
simple as that, (almost)

example original employer pays for every month balance/6 for 6 months you get payroll.

on the side you work another job indepenedently and get paid. work thru your freinds company and ask him to pay you after he gets paid. will take 2-3 months to start getting funds in and by the time your first payrol

after your 485 approved, if you have paystubs for employer and you INTEND to work for employer then you may be okay.

i dont think they can prove your intent,if you worked for employer at the time i-140 was approved. ac21law allows you to move prior, i am sure that you can move after also, provided there was no FRAUDULENT intent

if you worked for the employer for years and then you left,it will be hard for them to prove otehrwise especially if you left a few months after getting 485 not the very next month,however, i am sure burden or proof will be on you.

the answer is: YES OR NO

YES if you want to take the risk (in my non legal opionion not a risk)get paid by them for 6 mo and then take a leaving letter and do what you want on the side.there is no law that says you cannot work two jobs especially if one is remote and you work on your own hours and your friend pays you later in life :) and you pay all taxes on your income and comply with all laws of the US

NO: if you feel after 5 years when you apply for citzenship and then when they call you for an interview 3 years after than they will ask you about that,after that you show them the 6 payroll stubs after i-485 approved and resignation letter, they will still ask you questions, and if you are scared of answerring these questions,then dont do it. i dont think its illegal,see disclaimer below

PS: I am not a lawyer,consult one if you are in doubt of anything.

bottom line: no one including god can preduict the action of uscis. i predict the waiting list by that time will reach 15 years anyway?

pay a attorney a 200 fee to give a legal opinion asking if you can work 2 jobs after getting 485 if you are not sure and when in doubt consult a qualified attorney who has handled atleast 100 ac21 cases


some things in life are sure: death,taxes and torture by uscis :mad:
 
golmahe,

I'm in the similar situation, unable to decide to.
Any progress in your thoughts or advises from others, please let us know.
Did you contact your attorney?

Thanks!
sm18
 
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