Weasy

Hi all

We got our approval notice for our I140 last night so onto the last step. Hope to have green card approval within a couple of months.

Our receipt date was 18th December so it took 163 days.

Lou
xx

MsElui

Nice one - our reciept date is 2nd Feb - so hopefully we are just 6 weeks behind you!

Weasy

Which service centre are you at Elaine?

MsElui

the lawyer the company used told me Texas - but our forms all have Nebraska on them so I am not 100% sure

Weasy

I'd say you're Nebraska then. That's a shame as Texas approvals are coming through a lot quicker.

sanfranwolf

A friend of mine got his Greencard in his hand less that 2 months after completing his biometrics appointment - Nebraska center...

Have you got your AOS notification or EAD yet?

p.s. Different question - Do you know if you're allowed to switch jobs straight away once you have your Greencard?

Weasy

Apparantly there's an unwritten 6 month rule for changing jobs after getting your green card, unless you get laid off.

We got our EAD's and AP (if that's what you mean) back in February.

You're friend was very lucky, they are generally taking longer than that.

sanfranwolf

Thx Weasy - I actually found the section where it's written here:

'A petition under subsection for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed'.

The way I read that is: If you've had an i-485 application pending for more than 180 days without a decision, you can change jobs (within the same field) while they adjudicate your i485 application.

The question I'm trying to figure out is; once you've been adjudicated on your i485 (positively) are you able to move jobs straight away...

Any ideas?

Weasy

Once your I485 is approved there is, as I said, an unwritten 6 month rule before you change jobs. From what I've read it's a question of trust and intent and, if you change jobs immediately after getting your green card, with no good reason, there is a possibility of having your green card withdrawn.

From what I've gathered there are things put in place (such as the 180 day rule) for people to be able to move with good reason (such as their company going belly up or getting laid off) but otherwise you are expected to at least show a degree of loyalty to your sponsoring employer.

sanfranwolf

Can you point me to a source? I'll follow up with my immigration lawyer and ask their advice too...

Folinskyinla

Hi:

An excellent question! The answer will be fact dependent. It has always been a good idea that any job change should be in the same occupation [e.g. leaving an engineering job to be a chef in a restaurant is not a good idea]. Considering the terms of 204(j) as added by AC21 legislation, this would seem to still apply.

Otherwise, it is pretty fact dependent.

Folinskyinla

Hi:

Really?

Folinskyinla

Hi:

This is the 204(j) I referenced in my prior answer -- however, it is somewhat apples and oranges. 204(j) deals with the situation where the ADJUSTMENT application is pending more than 180 days.

But even without 204(j) -- former INS had no problems when a newly minted green card in the EB left a few days later for a job that paid substantially more money. Been there, done that.

sanfranwolf

Just got off the phone with my lawyer who says the same Folinskyinla.

ty.

MsElui

had both AP and EAD's in April.