When can one change job

J

joe90

Registered Users (C)
I recently received my EAD card. I am still awaiting my AP, probably another week or so. Not sure when "green card" card be expected.

At what point can one seek alternative employment that is not one's current employer, without risking any repercussion? I heard 180 days after EAD. Is this true?

Regards, Joe90
EB3 (ROW) PD - May 04
I-140 - AD 09/19/07
I-485 (NSC) - RD 08/10/07 ND 10/01/07 LUD - None
I-131 - RD 08/10/07 ND 10/01/07 LUD - None
I-765 - RD 08/10/07 ND 10/01/07 LUD - 10/15/07, 10/23/07, 10/26/07 (received card)
 
Short answer to your first question is yes.

Here's the long story, though. You can change but since you are from ROW, it could have complications since its possible that your PD becomes current soon. The issue is that in case they touch your file before 180 days have passed since I485 was applied, they could get in touch with your I140 petitioning employer and check if you are still employed and if you've moved on at that time then it could have negative repercussions; not to forget that your current employer can even revoke I140 and if it does then the clock resets. So wait for 180 days from I485 filing and then move to EAD. Then you are immune to I140 revocation and can use AC21 portability to inform USCIS of your job change. Ensure that at the time of I485 adjudication, your job profile is similar to the one on I140

Check http://immigrationportal.com/showthread.php?t=266505 and http://immigrationportal.com/showthread.php?t=266462
 
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To change to a different Job, its safer if you go past the 180 days mark from 485 receipt date + have your EAD. Then you will be immune from any 140 revocation, if at all your employer uses that as a que against you. If you share a good rapport with your existing employer, then you might be safe. 2/10/08 would be your best bet, as you will fall into the AC21 category then.
 
My situation is a little bit different

lprkhoj said:
Short answer to your first question is yes.

Here's the long story, though. You can change but since you are from ROW, it could have complications since its possible that your PD becomes current soon. The issue is that in case they touch your file before 180 days have passed since I485 was applied, they could get in touch with your I140 petitioning employer and check if you are still employed and if you've moved on at that time then it could have negative repercussions; not to forget that your current employer can even revoke I140 and if it does then the clock resets. So wait for 180 days from I485 filing and then move to EAD. Then you are immune to I140 revocation and can use AC21 portability to inform USCIS of your job change. Ensure that at the time of I485 adjudication, your job profile is similar to the one on I140

Check http://immigrationportal.com/showthread.php?t=266505 and http://immigrationportal.com/showthread.php?t=266462
Click to expand...

My situation is different:
I left my Gc sponsoring company immediately after I applied for I-485 and I-140, but the company agrees to cotinue my GC even after I left them, I have a very nice relation with them....this was the agreement between us: they will continue my Gc, but after I get the Gc, I have to go back to work for them a couple of months.
In this situation....could I have problems with Uscis since the Gc is for future job?
Could I face problems when they will be working on I-140 application? And if my I-140 will be approved...does it mean I'm out of the woods, I'm out of troubles?
The reason I'm a little bit concerned is that I see on forum that everybody is talking about AC21 if you want to change employers....I didn't use that one when I left my Gc sponsoring company.

I'm EB3, ROW and my priority date is Sept 2005.
Please advise me with this matter...I would really appreciate.
Thank you in advance!
 
I have even more interesting situation. I filed my 485 in June 7th 2007 and it approved in Aug 7th 2007 (Yes in 61 days). Now i am getting lots of good job offers from some big companies too but problem is that it is still not six month to even file 485 let alone getting the green card.

So what will be the case if i switch the job right now (3 months after getting GC and 5 months after filing 485)?
 
Lucky you!

I would say work for the company that sponsored for at-least another 3 months, this way you had worked for them for 6 months after approval. Another option would be if they let you go, instead of you resigning, then you should be able to take a new job and still cover your bases.





MA_05 said:
I have even more interesting situation. I filed my 485 in June 7th 2007 and it approved in Aug 7th 2007 (Yes in 61 days). Now i am getting lots of good job offers from some big companies too but problem is that it is still not six month to even file 485 let alone getting the green card.

So what will be the case if i switch the job right now (3 months after getting GC and 5 months after filing 485)?
Click to expand...
 
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