Simple question. After reading Shusterman, Immigration, Grasmick etc... I need to know the simple answer. I have an approved I140 for company A. My 485, 765 are in VSC now and have only been for a day or so. WHEN can I get another job without loosing my Green Card and what do I take with me if I do get another job (485 reciept, EAD card etc...)
When can I look for another job
- Thread starter rodb
- Start date
If you have been reading all those websites, then you should know that AC21 will allow you to move or find another job with similar job description after 180 days of filing. Other than that, if you move to another job, then make sure the old employer is willing to help you with the completion of green card.
I guess you are not happy with your current job right? I see that a high percentage of people are not happy with their existing jobs based on rupnet poll. I just wish you good luck.
I guess you are not happy with your current job right? I see that a high percentage of people are not happy with their existing jobs based on rupnet poll. I just wish you good luck.
Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will. Also, the current interpretation of AC-21 does not require that you be employed with the filing employer for 180 days after filing your 485.
Mavishka,
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will. Also, the current interpretation of AC-21 does not require that you be employed with the filing employer for 180 days after filing your 485."
Correct me if I am wrong. I am so confused about this subject. In the first sentence you said that one can switch employer only after I-485 is pending for 180 days (assume EAD approved before that). In the second sentence you said that AC-21 doesn't require that you be employed with the filing employer for 180 days after filing I-485. I have read all these contradictory intepretation on various boards but still can't trully understand it. Let's put it in a simpler way, if I change job (voluntarily or involuntarily) before I-485 is pending for 180 days, will my GC application become void? What kinds of choices do I have in this case? Thanks for your inputs.
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will. Also, the current interpretation of AC-21 does not require that you be employed with the filing employer for 180 days after filing your 485."
Correct me if I am wrong. I am so confused about this subject. In the first sentence you said that one can switch employer only after I-485 is pending for 180 days (assume EAD approved before that). In the second sentence you said that AC-21 doesn't require that you be employed with the filing employer for 180 days after filing I-485. I have read all these contradictory intepretation on various boards but still can't trully understand it. Let's put it in a simpler way, if I change job (voluntarily or involuntarily) before I-485 is pending for 180 days, will my GC application become void? What kinds of choices do I have in this case? Thanks for your inputs.
check this
The reason the answer is not clear is because there is no clarification from INS on AC21.
Check these threads:
http://boards.immigrationportal.com./showthread.php?threadid=53941&highlight=immi007
http://boards.immigrationportal.com./showthread.php?threadid=52864&highlight=immi007
The reason the answer is not clear is because there is no clarification from INS on AC21.
Check these threads:
http://boards.immigrationportal.com./showthread.php?threadid=53941&highlight=immi007
http://boards.immigrationportal.com./showthread.php?threadid=52864&highlight=immi007
Dear xdai:
Please read my posting very carefully, I haven't said anything contradictory. I don't blame you, the subject matter is very confusing. In the sentence,
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will."
It doesn't mean that you should wait to change jobs till 180 days have elapsed since you filed for 485, it means that your 485 should be pending for at least 180 days past the date you file for your 485. Did you get it? If not, let me know.
Regarding your questions,
"Let's put it in a simpler way, if I change job (voluntarily or involuntarily) before I-485 is pending for 180 days, will my GC application become void? What kinds of choices do I have in this case?"
No, your GC application does not become void. That's the safety net that the 485 process provides. Your choices are to find another job as soon as possible in case you're laid off, in a same or similar category. Then wait for the 485 approval. If you do get an RFE, you can always provide pay stubs, employment letter, etc. from your new employer. If you don't get an RFE, then you're through if your 485 approval comes. That's it!
Best of Luck!!
Please read my posting very carefully, I haven't said anything contradictory. I don't blame you, the subject matter is very confusing. In the sentence,
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will."
It doesn't mean that you should wait to change jobs till 180 days have elapsed since you filed for 485, it means that your 485 should be pending for at least 180 days past the date you file for your 485. Did you get it? If not, let me know.
Regarding your questions,
"Let's put it in a simpler way, if I change job (voluntarily or involuntarily) before I-485 is pending for 180 days, will my GC application become void? What kinds of choices do I have in this case?"
No, your GC application does not become void. That's the safety net that the 485 process provides. Your choices are to find another job as soon as possible in case you're laid off, in a same or similar category. Then wait for the 485 approval. If you do get an RFE, you can always provide pay stubs, employment letter, etc. from your new employer. If you don't get an RFE, then you're through if your 485 approval comes. That's it!
Best of Luck!!
Mavishka,
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will."
"It doesn't mean that you should wait to change jobs till 180 days have elapsed since you filed for 485, it means that your 485 should be pending for at least 180 days past the date you file for your 485. Did you get it? If not, let me know."
I think I am a little bit slow on this issue. Let me illustrate a senario to see whether I truly understand your point. Let's use my case as an example. My I-485 ND is 4/10/02. Assume I got my EAD on 8/10/02. Then I change job on 9/1/02. If my I-485 gets approved after 10/10/02 (180 days from ND) I will have no problem. But if it gets approved before that date I will have some problem. Is this what you mean? If so this agress with what I read on Murthy's board before. But what I understand is that IIO may not necessarily interpret the law this way. Am I correct?
Another question, if I get laid off before EAD approved (I can't rule out this possibility for now since my EAD is seriously delayed for unknown reason), is my status still valid since my EAD application is pending? What are my choices?
Thank you so much for your inputs.
"Based on what I know, you should wait at least till you get your EAD. Once you have that you could switch employers provided your 485 is pending at least for 180 days, which in all probability it will."
"It doesn't mean that you should wait to change jobs till 180 days have elapsed since you filed for 485, it means that your 485 should be pending for at least 180 days past the date you file for your 485. Did you get it? If not, let me know."
I think I am a little bit slow on this issue. Let me illustrate a senario to see whether I truly understand your point. Let's use my case as an example. My I-485 ND is 4/10/02. Assume I got my EAD on 8/10/02. Then I change job on 9/1/02. If my I-485 gets approved after 10/10/02 (180 days from ND) I will have no problem. But if it gets approved before that date I will have some problem. Is this what you mean? If so this agress with what I read on Murthy's board before. But what I understand is that IIO may not necessarily interpret the law this way. Am I correct?
Another question, if I get laid off before EAD approved (I can't rule out this possibility for now since my EAD is seriously delayed for unknown reason), is my status still valid since my EAD application is pending? What are my choices?
Thank you so much for your inputs.
Guys,
why are you concerned about moving to another job? If you are not happy with your current job, then yes...but if not, stay with the company until you get your approval...this should make your life easier...no complications on your I-485. I have been told by my lawyer...even if you don't like your job that much, just have a little more patience...you've been waiting for 2 years or so...so i'm sure you can wait a few more month...which I think he is right!
But what the heck, its your life, and your job...move if you want...
why are you concerned about moving to another job? If you are not happy with your current job, then yes...but if not, stay with the company until you get your approval...this should make your life easier...no complications on your I-485. I have been told by my lawyer...even if you don't like your job that much, just have a little more patience...you've been waiting for 2 years or so...so i'm sure you can wait a few more month...which I think he is right!
But what the heck, its your life, and your job...move if you want...
To Jgtan97
Jgtan97,
Yes, your certainly advocate the safest route and I am with it. But sometimes s**t happens...
If the applicant is not on the payroll, and an RFE comes for:
Pay-stubs
or
Employment proof.
What is a common way of tackling the above? (besides having to consult my lawyer for her advice, which probably will do)
Thanks and speed,
--BH
Jgtan97,
Yes, your certainly advocate the safest route and I am with it. But sometimes s**t happens...
If the applicant is not on the payroll, and an RFE comes for:
Pay-stubs
or
Employment proof.
What is a common way of tackling the above? (besides having to consult my lawyer for her advice, which probably will do)
Thanks and speed,
--BH
This new site design is bad. I had typed a detailed response to your questions above and when I tried to post the reply it threw me out and I lost all that I had typed.
I'm in no mood to type that long reply again. To summarize, you're safe either way as long as you have a new job in the same or similar category as your previous one and can produce the required documentation in case of an RFE.
You remain 'IN STATUS' as soon as you file your 485 and get the Receipt Notice from INS.