Mutilple jobs before 180 days of I485 filing

[Intel213]

Hi friends,

I have accpeted a new job and my I-485 filing has not been pending for more than 180 days yet. I have asked my new employer to wait a few more weeks when 180 days will be complete and I can join them without any hiccup. They are okay with it since its only a matter of 2 weeks of waiting. The 180 days complete on july 20. I have already completed I9 with my current employer and gotten on my EAD. For changing jobs I will be using EAD.

My concern is this - I have accrued vacation at my current employer which I wish to use towards the end of my notice period. The 180 days end on July 20 and I want to give my notice 2 weeks before that i.e. July 9 and go on a vacation starting July 16. While I am on vacation and serving notice at my current employer ensuring 180 days are complete I want to start employement with the new employer on July 16th.

Questions - Will I be safe from AC21 perspective since I am working for 2 employers for a period of 1 week. I am starting employement with new company before 180 days while I am on vacation with current employer, is that okay? I am ensuring that i complete 180 days with my current employer, is that sufficient?

Thanks a lot for any suggestion you can give.

[bandoayan]

Originally Posted by Intel213

Hi friends,

Questions - Will I be safe from AC21 perspective since I am working for 2 employers for a period of 1 week. I am starting employement with new company before 180 days while I am on vacation with current employer, is that okay? I am ensuring that i complete 180 days with my current employer, is that sufficient?

Thanks a lot for any suggestion you can give.

As per Aytes memo you do not need to work for your petitioning employer for 180 days since your Greencard is based on a future job and you are not required to work for the petitioning employer at all. All what is required for AC21 is that your I485 petition should be pending for 180 days and your I140 remains active and not revoked by your petitioning employer during this period. Working for two employers at the sametime should not be an issue because you are using EAD for your new job.

[njverifier]

Originally Posted by bandoayan

As per Aytes memo you do not need to work for your petitioning employer for 180 days since your Greencard is based on a future job and you are not required to work for the petitioning employer at all. All what is required for AC21 is that your I485 petition should be pending for 180 days and your I140 remains active and not revoked by your petitioning employer during this period. Working for two employers at the sametime should not be an issue because you are using EAD for your new job.

This is correct. Please see the original memo posted on USCIS website:


http://www.uscis.gov/USCIS/Laws/Memo...ntrm122705.pdf


All you need to do is make sure you are in same or similar job.

[Intel213]

Thanks for your response.

I have approved I-140 from my current employer. My understanding was that I need to be with current company for 180 days after I 485 filing to use ac21 portability. My new job is exactly same as my current job, it in fact has the job title.

Which part of Aytes memo will apply to me? I am not sure if I follow you when you say my GC is based on my future employment.

Thanks for your help.