With 485 approval any time soon, can I change job...

A

aou812

Registered Users (C)
My I-485:
PD: 4/3/00
RD: 7/2/01
ND: 8/17/01
FP: 5/10/02

- I expected I-485 to be approved very soon.
- Another employer now offers me a job, wish me to start the job on 9/2/02.

? What happens if I take the job offer and the I-485 is approved before 9/2/02?

If I-485 is NOT approved by 9/2/02, I should be ok according to AC21 Law. But I worry that I-485 is approved before 9/2/02, and I quit the current job, and INS could revoke the Green Card immediately because I did not stay with the sponsor company in I-140? Am I right?

Thank you very much!

-Tian
 
You are wrong.

According to AC21, you have to be working on a similiar position. You don't have to be with your sponsoring company since 485 is for future employment. The rule is that you have to be with the company for 6 months. Another interpretation is you can leave the company that sponsored you before 6 months provided that INS cannot adjucicate your case within that period of time.

But your judgment is the best...
 
Think about this:
If my 485 is aproved before 9/2/02 (time I changed job),
and INS did not get informed about my job change,
my green card sponsor is still my old company...

Does not conflict with green card's "intention to be employed..." part?

But it seems AC21 should come to play...

Which is right? I am confused...
Thanks.
 
I called INS today,
and they told me it is better not to change the job now.
The reason is that I-485 approval is based on I-129, and I-129 is tied to a specific company...

then I asked her: "is I-129 for H1B, not green card?" And I also asked her if she is familar with AC21?

Then she recommended me to consult my attorney, she does not want to give me wrong advice....

Well, to play it safe, just stay where I am... :)
 
By the way, the lady in INS who answered my phone was very nice, friendly and professional even though she is not familar with AC21... :)
 
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