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View Full Version : Dilemma: I-485 or new job now?


JazzByTheBay
06-19-2007, 04:03 PM
OK, I thought this wouldn't happen to me ever, but since it is... appreciate any informed opinions from the community.

- Previous employer: EB3 Labor filed in 2003, Approved Aug. 2006.
- Current employer: EB2 PERM filed in Feb. 2006, approved, I-140 approved in August/October (forget exact date).

The dilemma is, I have doubts about ability to continue in current job for much longers - a few more months would be pushing it.

I have an offer from a large sw company.

My dilemma is:
1) Do I continue with I-485 in current company, and somehow manage to stay for 6 months and avail of AC21? Again, the ability to do so is somewhat doubtful, anything could happen.
--- ALSO, if the worst case scenario does come true, can I use AC21 before the 180 day period?
2) Join large sw company and start PERM process, then file I-140 and possibly I-485 if they're still current. Risk: Date may not be current by the time the new company completes its PERM process.
3) Start new I-140 from prevoius employer under EB3, get I-140 approved. (With associated risks of I-140 not getting approved for whatever reason). Meanwhile, join new company and start new PERM from there as well. When previous employer's I-140 is approved, use the priority date for the new employer's I-140/I-485?

Thanks friends - this community is a huge support group!

jazz

Canadian_Dream
06-19-2007, 04:11 PM
I would recommend without hesitation that you should stay with your current employer, file I-485 and try to drag on for 6 months (use vacation pay, severance, unpaid leave, overseas assignment to be on the payroll). If the unthinkable happens and you have to leave before 6 months, you are covered by AC-21 as long as your I-485 is NOT adjudicated (which is very likely as USCIS is processing Sep 2006, roughly 9 months delay). Please look at old threads for more clarification on AC-21. This has been discussed numerous times before.

Legally you can leave anytime after filling I-485 (make sure I-140 is not revoked) and hope that you don't get I-485 processed in next six months.

JazzByTheBay
06-19-2007, 06:00 PM
Thanks Canadian_Dream - this helps a lot!

jazz

I would recommend without hesitation that you should stay with your current employer, file I-485 and try to drag on for 6 months (use vacation pay, severance, unpaid leave, overseas assignment to be on the payroll). If the unthinkable happens and you have to leave before 6 months, you are covered by AC-21 as long as your I-485 is NOT adjudicated (which is very likely as USCIS is processing Sep 2006, roughly 9 months delay). Please look at old threads for more clarification on AC-21. This has been discussed numerous times before.

Legally you can leave anytime after filling I-485 (make sure I-140 is not revoked) and hope that you don't get I-485 processed in next six months.