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Changing jobs after I485 before 180days
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KR
6/6/2013 12:08:01 AM
Total Posts: 6
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I have read on a lot of forums that changing jobs after I485 before 180days is not recommended. But in case of layoff after I485 filing within 180days, if one finds a job quickly do they have a chance to keep the I485 alive?
Amazon
6/6/2013 5:29:26 PM
Total Posts: 591
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The reason it is not recommended is because of the AC 21 law which states that you have to wait for minimum 180 days after filing 1-485 application before changing employers. GC is for future jobs. In case of layoff it means the future job is no longer valid. Hence USCIS (if they found out) could issue an RFE for employment letter. The best thing you could do is find a new employer quickly. If USCIS issues RFE/NOID, you can file a motion to reconsider. You also have an option to start the process again with new employer. You can retain the PD from your old I-140 application (as long as USCIS did not revoke I-140 due to fraud or misrepresentation).
Amazon
6/6/2013 5:39:00 PM
Total Posts: 591
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I forgot to mention that if you get EAD after filing I-485 application, you can work on EAD till USCIS makes a decision on I-485 application. This is assuming you haven't already transferred H1 to new employer.
Svitlana
6/8/2013 3:29:46 PM
Total Posts: 27
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Is there requirement to stay employed after 180 days passed? Lets say a person becomes a full time student and no longer able to be employed full time? Or decides to finally stay at home and start a family? Is there a danger to loose GC because one chooses to not be employed?
Amazon
6/8/2013 10:57:29 PM
Total Posts: 591
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GC is for future job only. Hence you should either be employed or planning to join the sponsoring employer (at the time GC is approved). The thing USCIS looks for is intent. If a person leaves the employer immediately after receiving GC, USCIS would consider the intent was not to join the employer at all (and hence this could be construed as fraud). There is no time limit specified by USCIS. Many recommend waiting 3-6 months (though it is not required). But make sure you are employed in that (or similar job category) atleast till I-485 is approved.
Svitlana
6/9/2013 4:20:57 AM
Total Posts: 27
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The way I understand your answer is that AC 21 law requires to stay with original employer for 180 days after filing,and than it is recommended to stay employed in same field for additional 3-6 months,am I correct?
Amazon
6/9/2013 8:49:34 PM
Total Posts: 591
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[quote=Svitlana;67]The way I understand your answer is that AC 21 law requires to stay with original employer for 180 days after filing,and than it is recommended to stay employed in same field for additional 3-6 months,am I correct?[/quote] Yeah. However after 180 days you have to be employed in same/similar job description. And you have to stay employed at least till I-485 is approved. The reason for that is USCIS could issue an RFE asking for employment letter. So if you are employed, you can easily send that letter. There are some applicants who have not been employed and USCIS has also not issued RFE. These guys were still able to have their I-485 application approved.


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