Weird Advice from Corporate Attorney

[mdh3000]

I got some weird advice from my company's immigration attorney. This attorney is from a major law firm. My company has over 100,000 employees and many immigration issues, so I am confident his advice is correct. However, it's not how I understand things work.

The company is in the process of laying off a number of workers. I was told that as long as I have submitted my I-485 and have my EAD and AP cards I can use portability at any time. The 180 day period no longer applies. Whether the I-140 is approved or not, one can move to another company. They stated that as long as the I-140 was "approvable within 180 days" (aka a valid application) portability is an option.

The company is commited to helping it former employees who are foreign nationals. The will not revoke any I-140s if you do get a job outside the company.

Does this make sense?

Don't you have to prove to the USCIS that the application was pending for 180 days before you can use AC21?

Or is it that, as long as you have EAD you can work for who ever you want. When 180 days pass, you notify the USCIS at that point. The fact you worked for another employer before the 180 days is of no consequence?

I'm confused!

mdh

 

[TheRealCanadian]

The 180 day period no longer applies. Whether the I-140 is approved or not, one can move to another company. They stated that as long as the I-140 was "approvable within 180 days" (aka a valid application) portability is an option.

That's technically true, but wether the petition was "approvable within 180 days" is a big if.

Or is it that, as long as you have EAD you can work for who ever you want. When 180 days pass, you notify the USCIS at that point. The fact you worked for another employer before the 180 days is of no consequence?

That would be the safest course of action, although to be honest you are under no obligation to inform USCIS proactively. I certainly would tell USCIS nothing until they ask or the I-140 is approved.

 

[mdh3000]

That's technically true, but wether the petition was "approvable within 180 days" is a big if.

That would be the safest course of action, although to be honest you are under no obligation to inform USCIS proactively. I certainly would tell USCIS nothing until they ask or the I-140 is approved.

Thanks for the reply.

I agree that it appears there is no obligation to inform the USCIS about a job change under AC21, however, it appears the USCIS isn't so sure about it. Check out this article from murthy.com.

Notice of Intent to Rescind Green Card due to Lack of AC21 Notification

A bit more detail on my case: I'm quite sure my I-140 will be approved before I use my AC21. I got an RFE on my I-140 and the lawyer is about send in the reply. Based on others experiences, I should get approved in the next two months or so. By the time I take another job my I-485 should be pending for more than 140 days.

So, what is the safest way to handle this? Wait until 180 days have passed, and send in the letter?

My current company has no intent to revoke the I-140 application. It appears the example Murthy gives was due to the I-140 be revoked.

I'm going to quiz the companies lawyers a bit more on this and I'll post what they think.

mdh

Yikes!

 

[tammy2]

Thanks for the reply.

I agree that it appears there is no obligation to inform the USCIS about a job change under AC21, however, it appears the USCIS isn't so sure about it. Check out this article from murthy.com.

Notice of Intent to Rescind Green Card due to Lack of AC21 Notification

A bit more detail on my case: I'm quite sure my I-140 will be approved before I use my AC21. I got an RFE on my I-140 and the lawyer is about send in the reply. Based on others experiences, I should get approved in the next two months or so. By the time I take another job my I-485 should be pending for more than 140 days.

So, what is the safest way to handle this? Wait until 180 days have passed, and send in the letter?

My current company has no intent to revoke the I-140 application. It appears the example Murthy gives was due to the I-140 be revoked.

I'm going to quiz the companies lawyers a bit more on this and I'll post what they think.

mdh

Yikes!

You have good company and good attorney.
Old way is safest way. Wait until the I-140 approval and pass 180 days mark.

It is not required to send immediately. Some people even does not send the AC-21 letter.

 

[TheRealCanadian]

I agree that it appears there is no obligation to inform the USCIS about a job change under AC21, however, it appears the USCIS isn't so sure about it. Check out this article from murthy.com.

I saw that article months ago when it first came out.

And since then, I've seen dozens of cases here where people proactively sent in an AC21 change of job notification, and it was completely ignored. USCIS sent out an RFE or NOID anyways, and those people had to send it in again. Heck, I was waiting for an interview, sent in an AC21 letter, and it vanished into a black hole.

That's why I keep suggesting to people that they not proactively notify USCIS; the agency by its own actions has indicated that proactive AC21 notifications are pretty much ignored.

 

[Anil_Verma]

If we do not inform USCIS about change of job (AC21), what happens if 485 is approved ?

Will it not create an issue during naturalization, since the GC is approved based on previous employers petition ?

 

[meranumkabayega]

That would be the safest course of action, although to be honest you are under no obligation to inform USCIS proactively. I certainly would tell USCIS nothing until they ask or the I-140 is approved.

I am sorry if this has been asked before, but what if the 485 is approved before the 180 days pass?

 

[mdh3000]

I saw that article months ago when it first came out.

That's why I keep suggesting to people that they not proactively notify USCIS; the agency by its own actions has indicated that proactive AC21 notifications are pretty much ignored.

The immigration lawyer provide by my company basically echoed what you said:

Do your best to get your I-140 approved before you change jobs (i.e. reply to RFEs ASAP). If you you leave before 180 days, wait until after 180 days before you send the letter in. His biggest worry was that an adjudicator that gets the letter before 180 days may, in error, deny your application.

mdh

 

[tammy2]

The immigration lawyer provide by my company basically echoed what you said:

Do your best to get your I-140 approved before you change jobs (i.e. reply to RFEs ASAP). If you you leave before 180 days, wait until after 180 days before you send the letter in. His biggest worry was that an adjudicator that gets the letter before 180 days may, in error, deny your application.

mdh

If you want to inform do it after I-140 approval and past 180 days. That is the safest thing.
Do not think about getting approved before 180 days. In that case GC is toast anyway.