very good news job change

S

Singha

Registered Users (C)
Talk to IIO just now and she was very good and gave me little extra info.
I asked where i stand as of now. she asked EAC # and told me that it will take 2-6 week to process. I asked again i haven\'t received FP she said you will receive FP in 2-6 weeks. we have barely started the process.

Good part is i asked for job change and she said as long as you have EAD you can change job and that would be fine. but without EAD you canot change job. I asked can i change lawyer she said its up to me..to decide. I asked what about RFE etc she said just give everything from new employer ( emp letter etc..).

I am very happy and it was very good experience and informative in terms of talking to IIO. I was delighted and thought i could not have gotten clearer than this.

Good luck guys we are getting there.
 
No Title

I am confused.

Does IIO saying you don\'t need to re-do I-140 because of new
180 days law?

And your new job better be similar to what you were doing
in previous job. Otherwise, you will need to re-do the
whole thing (Labor Certification).

I assume IIO is basically saying you can change job if
you have EAD at this point. And if you do get the
RFE for employment letter, just provide the
new company\'s letter. Wouldn\'t this trigger I-140 redo?
I have seen few people in this forum where they had to
redo I-140 even with simple company name change.

Please clarify if you can. Did not mean to dis-credit
your experience, but when I read your posting it just
raised lots of questions for me.

Thanks for posting!

-LJ
 
No Title

I think you are not seeing the point. Using EAD, you can change job. Also, if you get an RFE to show you are currently employed (meaning not a public charge as of now), you can produce paystub etc from the employer you currently work for to show that you have an income and not on streets. But, GC is for a future job. INS does not care whom you work for now. But, if they send you RFE for continued interest in employement ( I got this kind of RFE. Basically, INS wanted to know whether my GC sponsoring employer is still interested in hiring me after GC for the job specified on labor certification/initial application). If you get an RFE like that, your GC sponsoring employer should be willing to give such a letter (saying they are willing to hire you after GC. Most employers do not oblige if you quit after getting EAD.

I am not sure, INS has already implemented new law. As far as I know, the above is true. I am warning because, lot of people might immediately consider changing jobs and get into trouble with their GC employer. I do not want people to mess up their GC process. Just my 2 cents guys.
 
No Title

my detail are in tracking of Oct99 cases message

pd 4/96
rd 10/14/99
nd 10/21/99

I think i have confused you people, but i think what she said is that you can change job ( ofcourse it should be in same field you canot change to gas pumper or to k-mart).reguarding 180 days she did not even bother to say anything. may be because i did not asked. what i understand is that its cool to change job after getting EAD in mycase
she knows its been more than 180 days so she did not care. she just said that i can change job on EAD. and i asked what new employer has to do for this she said nothing extra. i asked what if i get RFE she said provide it from new employer.

Again guys i am not saying its what the rule is but if she syas then in my case it could be true. i canot start asking 100 what ifs and grill her so she reject my case outright. so i just asked that and she gave me cool reply. furthur we can talk to the lawyer also and get more fine tune answer.

we canot also rely on what they say because people keep grilling and she might freek out and say something which may not hold true. Again Its not a rule or law but i think there is not much problem to change job if you r in my situation. thats what i gather from her reaction.

Good luck
 
No Title

Kiran,

Thanks for your feedback. I am assuming you are talking to me
about missing the point.

Then explain to me why people are being asked to re-do I-140
because of company name change? May be I am missing the point
about I-140.

Thanks,

-LJ
 
No Title

Nope, I was talking about the original post. People are being asked to re-do I140 because something changes with their sponsoring company like name/taxID/location or whatever that is a concern to INS. This happens when something with the sponsoring company changes. But the case in the above post is, employee quits the sponsoring company and joins a different company. That is okay with INS as long as nothing changed with orignal company AND original company is ready to hire the employee after the GC is approved. Remember GC is for a future job . So INS does not care whom you work for before GC is approved. Sometimes, if INS wants to verify that sponsoring company is still having the position open, they sendout an RFE asking the sponsoring company to provide a letter saying that the job position mentioned on the labor certification is still available to the employee being sponsored . If the old employer is mad because the employee changed job, he might not be willing to provide a letter. That will be trouble isn\'t it. I am assuming that new 180 day job change law is not in effect yet. After the new law becomes a regulation, then the situation may be different where employee provides a letter from new employer saying that new employer is interested in hiring the employee (after he gets GC) in the same position as labor certification.
 
No Title

Singha, please do not assume lot of things. Consult a lawyer if you are considering changing job based on IIO\'s answers. I am just saying this because I hate to see people get in trouble after all the struggle we already have gone through. Read my posts above. May be it will make you think in a different direction. Here are couple of things I picked up in your post and trying to analyse based on what I know.

You said: think i have confused you people, but i think what she said is that you can change job
My opinion: Yes you can change job on EAD. EAD does not say you have to work in the same field. You can have a programmer job as well as a K-Mart job using EAD.

You said: and i asked what new employer has to do for this she said nothing extra.
My opinion: Yes, ofcourse, anbody with EAD can get into any fulltime/partime job just similar to someone with GC. EAD (Work Authorization based on pending 485) is given to give you the freedom to work and earn while you are waiting for 485 decision. INS does not have any restriction on what kind of job you do on EAD.

You said: in my case it could be true. i canot start asking 100 what ifs and grill her so she reject my case outright.
My opinion: Yes, what she said is true (read the opinions above). But she is not telling you that you will not get an RFE to provide a letter from your sponsoring employer saying they still have the job position (whatever is on labor cert) open for you even now. Then you will have to go and talk to previous employer. If the 180 day rule is a regulation, then you may be able to provide a similar letter from your NEW employer. But until then, INS may not accept a letter from someone other than sponsoring employer. The RFE I received for the same reason clearly says, the letter should be from the "sponsoring employer" It does not say from "current employer".

Remember, when INS sends RFEs related to employement letters, it is looking for two things.
- You currently have some kind of imcome and not a public charge(meaning living on governament money)
- Your GC sponsoring employer is interested in hiring you for the job specified on labor. Meaning you will have a job in future

Well, finally it is upto you to make a decision about your job. Take your time to think through things. I know it can be tempting to change jobs after being stuck wiht the lousy employers due to GC process. I have been through that temptation.
 
No Title

Folks, why can\'t more of us clarify this issue with INS. If any body is calling IIO can they verify this? i will also try to call.

your reply is appreciated.
 
No Title

I completely agree with you on this issue.

Untill the new 180 law takes effective, if you change your job during AOS, you need to redo your GC again. You can keep your PD though.
 
No Title

Kiran Hegde2,

You are right that the new law is not in place yet.

Assuming one changes a job at this time, and there is a RFE, wouldn\'t the new employer be willing to give the letter stating that the company is willing to employ the candidate even after the GC process.

In other words, I am assuming the new employer will pick the GC process from this point on...

Your thoughts please...
 
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