wait for layoff or resign ?

C

cscgc19

Registered Users (C)
It has been around 12 months since the time I file my I-485.
My company will most probably do a massive layoff next month as they are running out of cash. I have another job offer. I am not sure whether I should wait for the layoff or just resign and change. If you change a job, do you have to explain to INS the reason for it ?
I am not sure whether it makes a difference to INS if you change job at will or when forced. My doubt is that if I resign, then INS may say that you never had intentions to work with that company and thus, may reject my application.
Since nobody know how INS works and cannot predict how soon it can get approved , I am not counting on a approval within a month.
 
I would recommend sticking around for as long as you can. Besides, if you do get laid off, you might get severence.
 
I can't make the other employer wait for long. I want to switch soon so that if RFE is issued, I will be safe as I will have paystubs from the new employer.
 
If you are dead sure that your current employer will wind up, resign and join the other. Don't worry about INS, but make sure the the job is in same/similar occupation and salary is equivalent. No need to inform INS. Job change does not mean RFE. RFEs are very random. Someone told me yesterday that his friend was jobless since the day he filed 485, he got his approval last week.
 
another suggestion

would be to negotiate a friendly exit from your current employer (since, it is not doing well and anyway planning a massive layoff, they should be glad to negotiate). That way, you can procure a letter from them saying that due to economic reasons you had been laid off. It is safe in all respects.
 
i will agree with our members openion

Just change job your new employer and wait for your approval. Few of my freind laid off less than 180 days and got approved.
 
I'm in similar situation and wanted to change the job.

My new Job Title is same as old one and the salary is also same range. How to show the same/similar occupation? Should I take information from the section 13 (13. Describe fully the Job to be Performed) my ETA 750 and request them to add to my offer letter?

Your input is greatly appreciated.
 
Independent contracting on EAD

It turns out that my new job is a independent contracting position. So, I will not be an employee of any company. If an RFE comes, then I will be screwed.
I can think of only one escape from this. I will ask some ABC company to give me an offer letter for a similar position and then I will give them money equivalent to my monthly salary which they will give me back as pay ( paystubs). I will ofcourse lose money in tax. At the same time I will work as independent contractor.
Now, my doubt is that does the INS check my IRS records when they approve my 485 ?
Lets assume that I get it approved using this strategy. What will happen when they recheck my records when I file for citizenship five years down the line ? Will they check my IRS records at that time ?
Any ideas will be of great help.
 
cscgc19

If you know an ABC company than why not join them till you get an approval and instead of being an independent contractor have your new employer sign up the contract.
In this scenario, you may get a little less from the company but atleast you are safe.
Then once you have a green card you know what to do.
 
contrctor should be ok from my lawyer

The lawyer's reply:
Contactor job: I would think that it is OK for I-485 I-140 portability purpose. When INS wants RFE, the new employer must give a letter verifying that his "title" is still Software Engineer though.

my question
At 02:18 PM 8/19/2002 -0700, xxxx wrote:
Since the current company is not doing good, the potential cut is still unknown , is it good for me to find a contractor job with the same type of work so that my I-485 will get approved ? (It is easier to find the contractor job than the permanent position). If the INS ask for RFE of the employment info, will the contractor job be harm to the process, Or do I have to have a Permanent job when INS ask for RFE ?
 
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