Urgent! Trying to use the Portability (180 days rule)

J

JB15

Registered Users (C)
Dear Friends/Gurus,

I am trying to use the 180 days rule to change employers. Lawyer says that we need to send the necessary documents to the INS.

Could you guys please let me know whether it is absolutely necessary to send the documents to INS. I am in the PCee MAY list. I see lot of approvals for those dates. I am only worried that the new documents may cause unnecessary delay/queries in my case.

Gurus please throw some light on this.
Thanks,
JB15
 
Thanks for the reply

Dear rsrgc,

It is the same job description. In fact, I would not be changing the job as such, it is the employer who is going to change. I work for Company B through Company A. Now, Company A wants to hire me directly. There is no problem from Company B though.

I guess, you must have understood the problem now.

Thanks,
JB15.
 
No Title

you don\'t need to for now, wait until INS issues a RFE before you send them the document. be careful that your lawyer doesn\'t mess up your case
 
No Title

Depends on the laywer.

Conservative lawyers will insist you inform the INS.
Others will not.

Personally, I did not inform the INS and may others
have not either. I got my approval without an RFE.
Even people who got RFE for W2\'s, paystubs etc,
sent in new company pay stubs and got approval.

However, please do everything way above board. For example,
I filed for a H1 transfer (did not work on EAD card). If
the INS had issued an RFE I would not have pretended that
I will one day work for the old company.

Consult a good lawyer and read the INS memo yourself on
AC21. It is posted at shusterman.com and also this web
site.

Bongo
 
Hold on

Why dont you hold on for 2 weeks as may Rd are getting approved .
You should be approved soon . good luck !
 
Thanks

Dear Friends,

Thanks for all your valuable replies and suggestions. I am planning to wait couple more weeks or a month to make any decision on this. I think I could stop the lawyer till then.

Bongo, I can not go on H1 as my 6 years period will be ending on FEB, 8th, 02. I know, everything came at one shot. I am really desparate to get the GC now. God should really help me now.

Thanks guys.
JB15.
 
jb15

Portablility rule AC21 covers the situation where 485 has been filed and approval has not been done, however it does not address the change of job after gc approval.

There are two views amongst the lawyers

view 1

person crosses 180 days and changes job before adjudication - This has been covered by AC21 law, and you r okay

view 2

person receives green card approval and changes after one month- This many feel that it is not advisable and u should not change immediately- They feel that it is advisable between 6 months to 1 year after approval.
Murthy started saying recently that it was okay(read this on her chat transcripts) but later reversed her stand.

These things will come up only at the time of naturalization and maybe from now till naturalization they may change the law again.

Bottom line - I would change my job before gc approval.

My 2 cents
 
No Title

Yes, you can change jobs after 180 days (or even before
if you are not risk adverse). You then
work on the EAD card.

However, if you work on the EAD card and the AOS
is denied then your hosed. You remain legally indefinitely
be in status
and can work on EAD card when your AOS is pending. Your
legal status is "Adjustee". However, if the AOS is denied
then you lose this right. Not sure what happens if you
appeal decision though
 
No Title

JB15, Keep checking AVM every night (I am sure you are doing it already) and you should get approval any time now.

With best wishes
PCee
 
You can extend ur h1 into the 7th year

as per the new rules u can extend ur H1 in to the 7th year and then on keep extending it every year until u get ur green card. But the requirement for this is that it should be atleast 365 days since u started ur gc process and that ur labor clearance should be done.

Talk to ur lawyer about this.
 
No Title

Bongo,

You said that
"I filed for a H1 transfer (did not work on EAD card). If
the INS had issued an RFE I would not have pretended that
I will one day work for the old company. "

Is it possible to work for a H1-b transfer employer
after you file I-485.
It is not neccasary to use EAD?

Also in case someones I485 is denied then we can still work
on H1-b tranferred employer?

Is this possible only afte 180 days after RD ?
 
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