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little_willy
07-17-2007, 02:23 AM
Hello all,

My PD is June 6, 2003 EB3-India and as the majority of you, I may be able to apply for my I-485 this month. I am also applying for EAD for me and my wife. The problem is my company is phasing out our division and it may be tough to survive for 180 days after the I-485 filing. Meanwhile, I also have a very good job offer from another company. My questions are

- Can I apply for I-485 and immediately switch employers

Assuming I get laid off within 180 days of AOS filing

- Can I invoke AC21 to change employers without jeopardizing the pending AOS application.

The above scenarios seems similar with a subtle difference - In the first case, I voluntarily change employers and in the second case, I am forced to do so.

Also, in either of the above case, can my wife continue to use EAD for her employment even though my 485 application becomes invalid.

Thanks.

ursosweet
07-17-2007, 07:17 AM
if your case is adjudicated b4 180 days, and you are not with the same employer, then you will get rejected. also it has to be the same kind of occupation and you'll need to file AC21.
for more details go to about.com and search for AC21 and read article by shusterman.
thanks

pappu
07-17-2007, 08:59 AM
no. do not change jobs before 180 days

insbaby
07-17-2007, 09:26 AM
Hello all,

My PD is June 6, 2003 EB3-India and as the majority of you, I may be able to apply for my I-485 this month. I am also applying for EAD for me and my wife. The problem is my company is phasing out our division and it may be tough to survive for 180 days after the I-485 filing. Meanwhile, I also have a very good job offer from another company. My questions are

- Can I apply for I-485 and immediately switch employers

Assuming I get laid off within 180 days of AOS filing

- Can I invoke AC21 to change employers without jeopardizing the pending AOS application.

The above scenarios seems similar with a subtle difference - In the first case, I voluntarily change employers and in the second case, I am forced to do so.

Also, in either of the above case, can my wife continue to use EAD for her employment even though my 485 application becomes invalid.

Thanks.

I hope you don't want to screw yourself. People are consulting with lawers switching jobs even after EAD, you want to do the very next day, even before USCIS opens your package. DONT SCREW UP!!!

kaisersose
07-17-2007, 09:53 AM
Hello all,

My PD is June 6, 2003 EB3-India and as the majority of you, I may be able to apply for my I-485 this month. I am also applying for EAD for me and my wife. The problem is my company is phasing out our division and it may be tough to survive for 180 days after the I-485 filing. Meanwhile, I also have a very good job offer from another company. My questions are

- Can I apply for I-485 and immediately switch employers

Assuming I get laid off within 180 days of AOS filing

- Can I invoke AC21 to change employers without jeopardizing the pending AOS application.

The above scenarios seems similar with a subtle difference - In the first case, I voluntarily change employers and in the second case, I am forced to do so.

Also, in either of the above case, can my wife continue to use EAD for her employment even though my 485 application becomes invalid.

Thanks.


The obvious recommendation is to try and stick to your employer as long as you can. If you get laid off before 180 calendar days, you will be under risk if your 485 is adjudicated within those 180 days. Since your PD is fairly old, you cannot rule out this possibility.

Another option is to accept this very good offer, file a new perm and then concurrently file 140/485 from the new employer using your 2003 PD.

waitis4ever
07-17-2007, 10:16 AM
You can switch your job and acept this new offer. Only IF, the petitioning employer (your old company) can confirm that the job on which the visa petition (I-140) is based, will or is still available to you.

If you are willing to take the risk that your old company will still be in business at the time your case is adjudicated, then you can switch your job and use portability. What your old compnay will then have to do, is to provide an Employment Letter (on their company letterhead) stating that the job is still available to you when you obtain your residency. Hope this helps

2003doc
07-17-2007, 10:25 AM
Dear Gurus
I have two approved I-140 (both EB2)one has PD oct 2003(NIW) and other is sept 2004(labor, AD june 15 2007). I initially filed I-485 based on NIW in sep.2005. Now I have requested on july 3rd 2007 to adjudicate 485 based on New I-140(labor).....can I change the job even though its not 180 days for new approved I-140, My I485 has been pending >180 days
please help

gunabcd
07-17-2007, 11:16 AM
Hello all,

My PD is June 6, 2003 EB3-India and as the majority of you, I may be able to apply for my I-485 this month. I am also applying for EAD for me and my wife. The problem is my company is phasing out our division and it may be tough to survive for 180 days after the I-485 filing. Meanwhile, I also have a very good job offer from another company. My questions are

- Can I apply for I-485 and immediately switch employers

Assuming I get laid off within 180 days of AOS filing

- Can I invoke AC21 to change employers without jeopardizing the pending AOS application.

The above scenarios seems similar with a subtle difference - In the first case, I voluntarily change employers and in the second case, I am forced to do so.

Also, in either of the above case, can my wife continue to use EAD for her employment even though my 485 application becomes invalid.

Thanks.

If i were you, I would try to stay with current company until i get EAD and 180 days have passed since 485 filing. it's very likely your 485 will get processed within 6 moths, because i know a lot of folks with PD march/april 2003 who got green cards in the last 2 months.

If you are very much interested (which i think you are) in the new offer(very good salary or company, position etc) and think that such opp. is less likely to come by again, then i would not even bother to file I-485, just make sure new employer is willing to file GC again. Your PD 6/2003 is now yours no matter what happens to the current employer. Also you don't need to worry about July bulletin fiasco. Once you get your new Labor/I-140, you should be able to file I485 immidiately.

Don't neglect this remote possibility though: just like USCIS stopped labor substitution, they can stop priority date portability, in that case if you have left your current emloyer without filing 485 then it would be a disaster.

Good Luck!!

little_willy
07-17-2007, 11:24 AM
Don't neglect this remote possibility though: just like USCIS stopped labor substitution, they can stop priority date portability, in that case if you have left your current emloyer without filing 485 then it would be a disaster.

Good Luck!!

Thanks for all the responses. This is my biggest worry as the PD portability is not guaranteed and only a possibility at this time. I would accept the new offer without giving a damn about GC, but that would be injustice to my wife who is on H4.

piperwarrior
07-17-2007, 11:29 AM
Why would you file I-485 based on labor when you have an NIW approval? Does the NIW not give you more flexibility?

I am asking because I am in a similar situation. I filed I-140 NIW (approved) and I-485 in September 2005.

Dear Gurus
I have two approved I-140 (both EB2)one has PD oct 2003(NIW) and other is sept 2004(labor, AD june 15 2007). I initially filed I-485 based on NIW in sep.2005. Now I have requested on july 3rd 2007 to adjudicate 485 based on New I-140(labor).....can I change the job even though its not 180 days for new approved I-140, My I485 has been pending >180 days
please help

2003doc
07-17-2007, 12:07 PM
for NIW I will have to wait full 5 years i.e.untill sept. 2008. who knows numbers will be available by september 2008(i guess not)while I have done 4 years and my J1 waiver is complete
Why would you file I-485 based on labor when you have an NIW approval? Does the NIW not give you more flexibility?

I am asking because I am in a similar situation. I filed I-140 NIW (approved) and I-485 in September 2005.

piperwarrior
07-17-2007, 12:09 PM
Why do you have to wait five years for NIW? Are you a physician? Is that a condition for a physician? FYI, I am not a physician.

for NIW I will have to wait full 5 years i.e.untill sept. 2008. who knows numbers will be available by september 2008(i guess not)while I have done 4 years and my J1 waiver is complete

piperwarrior
07-17-2007, 12:10 PM
Just read up on the physician NIW rules. I understand now and it makes sense in your case.

for NIW I will have to wait full 5 years i.e.untill sept. 2008. who knows numbers will be available by september 2008(i guess not)while I have done 4 years and my J1 waiver is complete

2003doc
07-17-2007, 12:11 PM
yes I am a physician and it is a condition that you have to work in underserved area for 5 years befor a final adjudication
Why do you have to wait five years for NIW? Are you a physician? Is that a condition for a physician? FYI, I am not a physician.

gchope07
07-17-2007, 12:35 PM
Does the 180 day counter begin after receipt notice OR filing date?

techbuyer77
07-17-2007, 12:54 PM
Does the 180 day counter begin after receipt notice OR filing date?
filling date

arrarrgee
07-17-2007, 01:19 PM
Its not advisable to change jobs within 180 days

Hello all,

My PD is June 6, 2003 EB3-India and as the majority of you, I may be able to apply for my I-485 this month. I am also applying for EAD for me and my wife. The problem is my company is phasing out our division and it may be tough to survive for 180 days after the I-485 filing. Meanwhile, I also have a very good job offer from another company. My questions are

- Can I apply for I-485 and immediately switch employers

Assuming I get laid off within 180 days of AOS filing

- Can I invoke AC21 to change employers without jeopardizing the pending AOS application.

The above scenarios seems similar with a subtle difference - In the first case, I voluntarily change employers and in the second case, I am forced to do so.

Also, in either of the above case, can my wife continue to use EAD for her employment even though my 485 application becomes invalid.

Thanks.

jhegde
07-17-2007, 01:59 PM
Thanks for waitis4ever; this is the correct information to switch employer within 180 days.

We all know that one should hold on to the current job until at least 180 days. But the most important questions is- if the beneficiery is laid off within 180 days, how can he still stick to the current job? The requirement of AOS is that, one should be employed with the current employer as per the Labor Certification at the time of filing of AOS only. After that all it matter is- willingness of current employer to hire him back. That's why you will need a letter from current employer saying that there will be a job as specified in the labor petition after the approval of I-485. So one can start working on H1-B by transferrring his H-1B to another employer. Due to current backlogs I think, its 99% chance that AOS won't be adjudicated within 180 days. And one can easily invoke AC21 before that.

See UN's approval here:
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74

You can switch your job and acept this new offer. Only IF, the petitioning employer (your old company) can confirm that the job on which the visa petition (I-140) is based, will or is still available to you.

If you are willing to take the risk that your old company will still be in business at the time your case is adjudicated, then you can switch your job and use portability. What your old compnay will then have to do, is to provide an Employment Letter (on their company letterhead) stating that the job is still available to you when you obtain your residency. Hope this helps

ups
07-17-2007, 03:42 PM
I got lay off today. Though I filed 485 on 2nd July. My PD is Dec 2005 EB2. What happens to my case?

gchope07
07-17-2007, 08:21 PM
filling date
Are you 100% sure that it is filing date as in the date the package was received by USCIS and not the receipt date of the I485.

This would be significant because based on July filers we will not receive receipt notices for months and months to come.

royus77
07-17-2007, 08:29 PM
I got lay off today. Though I filed 485 on 2nd July. My PD is Dec 2005 EB2. What happens to my case?

I am sorry to hear that you got laid-off. Request your employer not to cancel the I 140 for another 6 months and ask him if he converts the job as a future job . meanwhile try to maintain your status and keep in contact with the attorney who filed your 485 .

Did you apply for EAD /APO ?
I am assuming that you may not get news until 6 months just move to another job under AC21 incase you applied EAD now

royus77
07-17-2007, 08:30 PM
Does the 180 day counter begin after receipt notice OR filing date?


Received physically by USCIS so early july flyer clock already started for couting 180 days

sathishkrish
07-17-2007, 08:42 PM
I filed for485 during July 2 with the current employer with PD of Sep 2005 EB2 - I also have an apporved 140 with PD of April 2004 from a diffearant employer - Now my company got acquired sp contemplating what to do. I heard about interfiling but unsure as to what is involved?

Any advice?

raamskl
07-17-2007, 09:36 PM
Another option is to accept this very good offer, file a new perm and then concurrently file 140/485 from the new employer using your 2003 PD.

This is the best choice. My acquaintance had the LC / 140 approved from early 2003 but the company went south. So he filed for Labor with the new company last month and the perm got approved in 2 weeks. Good luck.

ups
07-18-2007, 12:02 PM
I am sorry to hear that you got laid-off. Request your employer not to cancel the I 140 for another 6 months and ask him if he converts the job as a future job . meanwhile try to maintain your status and keep in contact with the attorney who filed your 485 .

Did you apply for EAD /APO ?
I am assuming that you may not get news until 6 months just move to another job under AC21 incase you applied EAD now


Thanks for your reply. My I140 is approved and my employer is not cancelling it. They already filed I-485 on 2nd July. I already applied EAD and AP. Can my employer change the job to future job now? He is ready to help me. Should I apply new H1 when I get a new job in next month or so? My PD is Dec 2005 EB2.

cashah19
07-18-2007, 01:09 PM
Thanks for waitis4ever; this is the correct information to switch employer within 180 days.

We all know that one should hold on to the current job until at least 180 days. But the most important questions is- if the beneficiery is laid off within 180 days, how can he still stick to the current job? The requirement of AOS is that, one should be employed with the current employer as per the Labor Certification at the time of filing of AOS only. After that all it matter is- willingness of current employer to hire him back. That's why you will need a letter from current employer saying that there will be a job as specified in the labor petition after the approval of I-485. So one can start working on H1-B by transferrring his H-1B to another employer. Due to current backlogs I think, its 99% chance that AOS won't be adjudicated within 180 days. And one can easily invoke AC21 before that.

See UN's approval here:
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74

I am in the exact situation that you mentioned. I am a consultant and the company I am working with want to hire me full time sometime before year end. My current employer who holds my H1 is willing to continue the Green Card process regardless of where I work. and he will give a letter saying he will hire me back, when I-485 is approved.

My questions are:

Due to current backlogs I think, its 99% chance that AOS won't be adjudicated within 180 days. And one can easily invoke AC21 before that.

1. Invoke AC21 before, means switch jobs on EAD? Is that after filing or after EAD recipt ?

2. Should I file I-485 and wait for 180 days, and then work for new employer under AC21. Will this be a problem as my new job profile is somewhat different then the old one. It is in IT, but from Web development to testing. How do you determine similar job profile.

3. Should I transfer my H1 before 180 days and work for my new employer on H1. What happens when my I-485 is actually approved. Do I have to join my old employer back, or can I use EAD then, and continue working for my new employer. Does the question of job profile come up then as well.

4. I have to go for revalidation in Dec. Should I transfer my H1 and then go, in which case will the visa officer have a question about my I-140 filing. Can they cancel the I-485 application as I have switched employers before 180 days.

I am meeting my attorney soon, but any help before that would be highly appreciated. Thanks guys.

gchope07
07-18-2007, 01:18 PM
Received physically by USCIS so early july flyer clock already started for couting 180 days


Various people have told me otherwise. I think you are mistaken. It is receipt date as per receipt notice NOT filing date.

techbuyer77
07-20-2007, 08:25 AM
ok ... the clock start counting the day the physically get your package and stamp it THAT IS RECEIPT DATE or FILING DATE
NOTICE DATE has nothing to do with it... Notice date is when they print your receipt.