Natvit

Here is my understanding of the 180 days rule.

- Alien can not change jobs if his I-485 pending less than 180 days.

I think in the following scenario alien fully complies with the law:
- Alien is laid off 2 months after filing I-485;
- He/she does not work four months;
- Then he/she starts new job (similar to the previous one).

That is what INS regulations regarding AC21 state:
-----------------------------------------------------
The AC21 $106(c) provides that the certification or or Form I-140 approval of an EB
immigrant petition shall remain valid when an alien changes jobs, if:

(a) a Form I-485, Application to Adjust Status, on the basis of the EB immigrant
petition has been filed and remained unadjudicated for 180 days or more; and;
(b) the new job is in the same or similar occupational classification as the job for
which the certification or approval was initially made.
-----------------------------------------------------

I think the intent was to allow immigrant to change jobs voluntarily, it is not
about lay offs.

Please comment,

natvit

Jim

It appears you are grasping!!!! The petition by your employer is valid while you are
employed by that employer. Once you are no longer employed by employer, the petion is
dead (less than 180 days).

As for the 180 day rule. The petition is still valid after 180 days of adjudication
if you leave and get a similar job.

The whole foundation of your application is the PETITION. Once it is no longer
valid, the application is no longer valid.

Look, don't mean to sound harsh (been through through this bullshit process, it
sucks) however, the worst thing you can do is delude yourself. Recommend the
following;

1.) Contact a descent immigration lawyer to confirm the above.
2.) If he/she does, start looking for a new job, or get married (by far the best way
to obtain residency (compared through employment)

You can keep your mouth shut and hope you slip through the cracks,
i.e.the INS doesn't request a verification of your employment later on in the
application process. Doubtfull, the NSC always requests a letter at time of
fingerprinting. Not sure of other service centers.

Good luck, hope you pull through!!!!!!!!!!!!!!!!

And dammit, don't refer to foreign workers as ALIENS, they are people. I prefer the
term "NON AMERICAN".

[email protected] (natvit)
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