Changing job after 6 months on 485, any issues?
Dec 19th 2002, 6:45 am
#1
Guest
Posts: n/a
Changing job after 6 months on 485, any issues?
I am thinking about changing job. I am EB-2 and
have been in 485 stage for over 6 months.
1. are there any changes in 485 portability, that is, can I change job
without losing
the green card application?
2. What do I need to do for my application, if any? Should I
inform INS?
3. Are there any implication such as application processing
delay?
4. Did anyone have bad experience when changing job in 485 stage?
5. Do I need current I-94? I read it somewhere that there
could be implications if I-94 is not current.
Thank you very much,
have been in 485 stage for over 6 months.
1. are there any changes in 485 portability, that is, can I change job
without losing
the green card application?
2. What do I need to do for my application, if any? Should I
inform INS?
3. Are there any implication such as application processing
delay?
4. Did anyone have bad experience when changing job in 485 stage?
5. Do I need current I-94? I read it somewhere that there
could be implications if I-94 is not current.
Thank you very much,
Dec 19th 2002, 7:47 am
#2
Forum Regular
Joined: May 2001
Posts: 54
I am thinking about changing job. I am EB-2 and
have been in 485 stage for over 6 months.
1. are there any changes in 485 portability, that is, can I change job
without losing
the green card application?
** you can change the Employer as your I-485 has been pending more than 180 days, you can use AC21 portability
2. What do I need to do for my application, if any? Should I
inform INS?
*** Your new job should have Similar/same job title or same skills that were filed for you on LC, once you change the employer you have to submit new employer letter and AC21 letter to INS and your salary has to be same or more than your LC, lawyer will help you to prepare the Employer switch letter and AC21 letter, still the final regulation regarding AC21 are not published, lawyers are using the JUNE AC21 Memo as guidelines from INS
3. Are there any implication such as application processing
delay?
NO
4. Did anyone have bad experience when changing job in 485 stage?
** The risk is only for those who have I-485 pending less than 180 days you are safe, you can join new employer by EAD or through H1 transfer
5. Do I need current I-94? I read it somewhere that there
could be implications if I-94 is not current.
** If your I-94 has expired you are in status, your status is AOS pending , for travel you need AP and keep I-485 reciept with you.
have been in 485 stage for over 6 months.
1. are there any changes in 485 portability, that is, can I change job
without losing
the green card application?
** you can change the Employer as your I-485 has been pending more than 180 days, you can use AC21 portability
2. What do I need to do for my application, if any? Should I
inform INS?
*** Your new job should have Similar/same job title or same skills that were filed for you on LC, once you change the employer you have to submit new employer letter and AC21 letter to INS and your salary has to be same or more than your LC, lawyer will help you to prepare the Employer switch letter and AC21 letter, still the final regulation regarding AC21 are not published, lawyers are using the JUNE AC21 Memo as guidelines from INS
3. Are there any implication such as application processing
delay?
NO
4. Did anyone have bad experience when changing job in 485 stage?
** The risk is only for those who have I-485 pending less than 180 days you are safe, you can join new employer by EAD or through H1 transfer
5. Do I need current I-94? I read it somewhere that there
could be implications if I-94 is not current.
** If your I-94 has expired you are in status, your status is AOS pending , for travel you need AP and keep I-485 reciept with you.
Dec 19th 2002, 8:21 pm
#3
Guest
Posts: n/a
Re: Changing job after 6 months on 485, any issues?
tarsem wrote in message news:...
> I am thinking about changing job. I am EB-2 and
> have been in 485 stage for over 6 months.
>
> 1. are there any changes in 485 portability, that is, can I change job
> without losing
> the green card application?
> ** you can change the Employer as your I-485 has been pending more than
> 180 days, you can use AC21 portability
> 2. What do I need to do for my application, if any? Should I
> inform INS?
> *** Your new job should have Similar/same job title or same skills that
> were filed for you on LC, once you change the employer you have to
> submit new employer letter and AC21 letter to INS and your salary has to
> be same or more than your LC, lawyer will help you to prepare the
> Employer switch letter and AC21 letter, still the final regulation
> regarding AC21 are not published, lawyers are using the JUNE AC21 Memo
> as guidelines from INS
>
> 3. Are there any implication such as application processing
> delay?
> NO
>
> 4. Did anyone have bad experience when changing job in 485 stage?
> ** The risk is only for those who have I-485 pending less than 180 days
> you are safe, you can join new employer by EAD or through H1 transfer
> 5. Do I need current I-94? I read it somewhere that there
> could be implications if I-94 is not current.
> ** If your I-94 has expired you are in status, your status is AOS
> pending , for travel you need AP and keep I-485 reciept with you.
Thanks for your reply.
One more question: what if salary is slightly lower? Will that cause
problem, given the current economic condition? The new company should
be more stable than the current. That's why I am thinking about
the move.
Thanks again,
> I am thinking about changing job. I am EB-2 and
> have been in 485 stage for over 6 months.
>
> 1. are there any changes in 485 portability, that is, can I change job
> without losing
> the green card application?
> ** you can change the Employer as your I-485 has been pending more than
> 180 days, you can use AC21 portability
> 2. What do I need to do for my application, if any? Should I
> inform INS?
> *** Your new job should have Similar/same job title or same skills that
> were filed for you on LC, once you change the employer you have to
> submit new employer letter and AC21 letter to INS and your salary has to
> be same or more than your LC, lawyer will help you to prepare the
> Employer switch letter and AC21 letter, still the final regulation
> regarding AC21 are not published, lawyers are using the JUNE AC21 Memo
> as guidelines from INS
>
> 3. Are there any implication such as application processing
> delay?
> NO
>
> 4. Did anyone have bad experience when changing job in 485 stage?
> ** The risk is only for those who have I-485 pending less than 180 days
> you are safe, you can join new employer by EAD or through H1 transfer
> 5. Do I need current I-94? I read it somewhere that there
> could be implications if I-94 is not current.
> ** If your I-94 has expired you are in status, your status is AOS
> pending , for travel you need AP and keep I-485 reciept with you.
Thanks for your reply.
One more question: what if salary is slightly lower? Will that cause
problem, given the current economic condition? The new company should
be more stable than the current. That's why I am thinking about
the move.
Thanks again,
Dec 20th 2002, 6:50 am
#4
Forum Regular
Joined: May 2001
Posts: 54
“One more question: what if salary is slightly lower?�
AC21 JUNE MEMO does not sat that salary should be according to LC but 2 months back INS H Q informed AILA that they would prefer minimum LC salary, but the final regulations are yet not published and lawyer can argue about this as nothing is written in AC21 MEMO that wages should be according to LC
The other IMP point is that GC is for future job and your new Employer has to pay the minimum wages ONCE you get GC, so if he submits the letter that you will be paid minimum salary mentioned on LC once your I-485 is approved and it will be acceptable to INS
AC21 JUNE MEMO does not sat that salary should be according to LC but 2 months back INS H Q informed AILA that they would prefer minimum LC salary, but the final regulations are yet not published and lawyer can argue about this as nothing is written in AC21 MEMO that wages should be according to LC
The other IMP point is that GC is for future job and your new Employer has to pay the minimum wages ONCE you get GC, so if he submits the letter that you will be paid minimum salary mentioned on LC once your I-485 is approved and it will be acceptable to INS
Dec 20th 2002, 8:58 am
#5
Guest
Posts: n/a
Re: Changing job after 6 months on 485, any issues?
On Thu, 19 Dec 2002 13:21:35 +0000, James Chen wrote:
> tarsem wrote in message news:...
>> I am thinking about changing job. I am EB-2 and
>> have been in 485 stage for over 6 months.
>>
>> 1. are there any changes in 485 portability, that is, can I change job
>> without losing
>> the green card application?
>> ** you can change the Employer as your I-485 has been pending more than
>> 180 days, you can use AC21 portability
>> 2. What do I need to do for my application, if any? Should I
>> inform INS?
>> *** Your new job should have Similar/same job title or same skills that
>> were filed for you on LC, once you change the employer you have to
>> submit new employer letter and AC21 letter to INS and your salary has to
>> be same or more than your LC, lawyer will help you to prepare the
>> Employer switch letter and AC21 letter, still the final regulation
>> regarding AC21 are not published, lawyers are using the JUNE AC21 Memo
>> as guidelines from INS
>>
>> 3. Are there any implication such as application processing
>> delay?
>> NO
>>
>> 4. Did anyone have bad experience when changing job in 485 stage?
>> ** The risk is only for those who have I-485 pending less than 180 days
>> you are safe, you can join new employer by EAD or through H1 transfer
>> 5. Do I need current I-94? I read it somewhere that there
>> could be implications if I-94 is not current.
>> ** If your I-94 has expired you are in status, your status is AOS
>> pending , for travel you need AP and keep I-485 reciept with you.
>
>
> Thanks for your reply.
> One more question: what if salary is slightly lower? Will that cause
> problem, given the current economic condition? The new company should
> be more stable than the current. That's why I am thinking about
> the move.
>
> Thanks again,
Within reason, that should not be a problem. I would recommend that the
salary still be at least what was specified in the LC, although if that is
not possible, don't worry too much.
> tarsem wrote in message news:...
>> I am thinking about changing job. I am EB-2 and
>> have been in 485 stage for over 6 months.
>>
>> 1. are there any changes in 485 portability, that is, can I change job
>> without losing
>> the green card application?
>> ** you can change the Employer as your I-485 has been pending more than
>> 180 days, you can use AC21 portability
>> 2. What do I need to do for my application, if any? Should I
>> inform INS?
>> *** Your new job should have Similar/same job title or same skills that
>> were filed for you on LC, once you change the employer you have to
>> submit new employer letter and AC21 letter to INS and your salary has to
>> be same or more than your LC, lawyer will help you to prepare the
>> Employer switch letter and AC21 letter, still the final regulation
>> regarding AC21 are not published, lawyers are using the JUNE AC21 Memo
>> as guidelines from INS
>>
>> 3. Are there any implication such as application processing
>> delay?
>> NO
>>
>> 4. Did anyone have bad experience when changing job in 485 stage?
>> ** The risk is only for those who have I-485 pending less than 180 days
>> you are safe, you can join new employer by EAD or through H1 transfer
>> 5. Do I need current I-94? I read it somewhere that there
>> could be implications if I-94 is not current.
>> ** If your I-94 has expired you are in status, your status is AOS
>> pending , for travel you need AP and keep I-485 reciept with you.
>
>
> Thanks for your reply.
> One more question: what if salary is slightly lower? Will that cause
> problem, given the current economic condition? The new company should
> be more stable than the current. That's why I am thinking about
> the move.
>
> Thanks again,
Within reason, that should not be a problem. I would recommend that the
salary still be at least what was specified in the LC, although if that is
not possible, don't worry too much.
