Worst Case Scenario: Quitting Job Before 180 Days & After

[lghtslpr]

What is the worst case scenario if you quit your job and get another job before 180 days have elapsed since submission of I-485? I guess it's that your I-140 application can be withdrawn (or your approved I-140 can be asked to be revoked) by your employer. In that case your whole GC process is destroyed, right?

What is the worst case scenario if you quit your job and get another job after 180 days have elapsed? Can an angry employer do anything to hinder your GC process at that point?

Bonus Question: during labor certification the lawyer represents the employer, not the employee. When I-140 and I-485 is submitted, does the lawyer represent the employee or the employer?

Thanks.

 

[GotPR?]

What is the worst case scenario if you quit your job and get another job before 180 days have elapsed since submission of I-485? I guess it's that your I-140 application can be withdrawn or your approve I-140 can be asked to be revoked by your employer. In that case your whole GC process is destroyed, right?

Right.

What is the worst case scenario if you quit your job and get another job after 180 days have elapsed? Can an angry employer do anything to hinder your GC process at that point?

No they can't.

Bonus Question: during labor certification the lawyer represents the employer, not the employee. When I-140 and I-485 is submitted, does the lawyer represent the employee or the employer?
.

LC & I140 is employer's application, I485 is your application.

 

[WorryForGC]

bonus answer ekjaktly

What is the worst case scenario if you quit your job and get another job before 180 days have elapsed since submission of I-485? I guess it's that your I-140 application can be withdrawn (or your approved I-140 can be asked to be revoked) by your employer. In that case your whole GC process is destroyed, right?

What is the worst case scenario if you quit your job and get another job after 180 days have elapsed? Can an angry employer do anything to hinder your GC process at that point?

Bonus Question: during labor certification the lawyer represents the employer, not the employee. When I-140 and I-485 is submitted, does the lawyer represent the employee or the employer?

Thanks.

 

[lghtslpr]

Worst Case Scenario Followup

No they can't.

In theory, can an angry employer say that the I-140 was fraudulantly filed, saying that they never had the intent to hire you? If so, then even after 180 days you can be screwed, it seems.

LC & I140 is employer's application, I485 is your application.

But typically one attorney submits both I-140 and I-485 (especially if you want to submit them concurrently), right? So then when you decide to quit your job and get another, it seems that the original attorney is not the right one to talk to, since he would have a conflict of interest (especially if the employer was angry).

Thx.

 

[GotPR?]

In theory, can an angry employer say that the I-140 was fraudulantly filed, saying that they never had the intent to hire you? If so, then even after 180 days you can be screwed, it seems.

Nothing prevents them from claiming it is fraudulent, but if they did it, it backfires to them as they are part of fraud. So, they do not want to do that. But if they got REALLY pissed off, well, who knows

 

[lghtslpr]

AC21 Portability sounds too good to be true!

Nothing prevents them from claiming it is fraudulent, but if they did it, it backfires to them as they are part of fraud. So, they do not want to do that. But if they got REALLY pissed off, well, who knows

Good point. Thanks. AC21 Portability seems too good to be true!

I have some more questions (an attorney will be eventually consulted on these issues, but I'm curious right now):

If you change jobs, do you have to re-file anything (e.g., the I-140)?

Even if the I-140 gets denied your I-485 application remains valid and just as strong, right?

Are there any disadvantages to changing jobs after 180 days? Can the USCIS allege that you didn't have original intent to work indefinitely in the original position?

It seems that the 180-day mark is when you practically receive your GC, since you can do anything you want from that point on.

Thanks.

 

[gc_2006]

Good point. Thanks. AC21 Portability seems too good to be true!

I have some more questions (an attorney will be eventually consulted on these issues, but I'm curious right now):

If you change jobs, do you have to re-file anything (e.g., the I-140)?

Even if the I-140 gets denied your I-485 application remains valid and just as strong, right?

It depends on what grounds it gets denied. If it gets denied on educational issues or ability to pay you are hosed. Remember AC-21 states that if I-140 is not yet approved it needed to be 'approvable' when you switched.

Are there any disadvantages to changing jobs after 180 days? Can the USCIS allege that you didn't have original intent to work indefinitely in the original position?

Technically not - but better document as to why and how you switched jobs. Also, better send in AC-21 notification letter to USCIS - even though that's not a requirement. Since the previous employer can always revoke/withdraw an I-140 - even though you should be protected under AC-21, it is always a hassle to argue with USCIS once they 'accidently' denied your I-485 based on revoked/withdrawn I-140.

It seems that the 180-day mark is when you practically receive your GC, since you can do anything you want from that point on.

Define 'anything'. No, you have to work in same or similar category. What if you are unemployed they day I-485 gets approved....?

 

[TheRealCanadian]

Also, better send in AC-21 notification letter to USCIS - even though that's not a requirement. Since the previous employer can always revoke/withdraw an I-140 - even though you should be protected under AC-21, it is always a hassle to argue with USCIS once they 'accidently' denied your I-485 based on revoked/withdrawn I-140.

Your analysis is good, but let me point out that the experience of many people on this forum has been that proactive notice of AC21 relief seems to make no difference whatsoever in warding off NOIDs or incorrect denials. You're more than welcome to send in AC21 portability notice, but I am doubtful that it will make any difference - or even be included in the file.

 

[GreenCardVirus]

Your analysis is good, but let me point out that the experience of many people on this forum has been that proactive notice of AC21 relief seems to make no difference whatsoever in warding off NOIDs or incorrect denials. You're more than welcome to send in AC21 portability notice, but I am doubtful that it will make any difference - or even be included in the file.

I got denied even after sending AC21.

Bit, I did notice some LUD changed on my 485 case with dates co-relating to the date the AC21 was mailed. So, I presume they do put it in your file.

It is like a thief who gets caught gets 5 years and a thief who surrenders but gets 5 years anyway.

 

[lghtslpr]

Can't stop thinking about portability possibilities

Remember AC-21 states that if I-140 is not yet approved it needed to be 'approvable' when you switched.

If the employee invokes portability and switches jobs, does the I-140 remain in the queue and get processed normally? I mean, in this case, when is the I-140's approvability assessed? And is it done with more or less scrutiny than if portability was not invoked?

Also:

1) If you switch jobs on day 181, are you more likely to get investigated for not having original intent to work indefinitely at the first job?

2) When people invoke portability, do they usually get a new lawyer (rather than keep the one who filed their I-140 and I-485 for them concurrently?) I suppose people only do that if they think the original employer will be upset/angry that you're leaving?

Thanks.