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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7305
Experience:  Experienced in all aspects of immigration and nationality law.
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I am in AOS status for my I-485 to be approved. My priority

Resolved Question:

I am in AOS status for my I-485 to be approved. My priority date is 8/14/2008. I know the current Visa Bulletin has moved forward to 9/15/2008 (for China EB2). My online status is "initial preview" right now. My question is, If I resign my current job, and join another company, is there any risk to affect my immigration process. If so, what I can do. If not, what should I by law.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

On what status are you working with the current job? EAD? H1B?

 

And are you asking about changing the green card sponsor? Changing your current employer in whatever status you are in? Or is it the same employer?

 

 

Customer: replied 9 months ago.

Currently I work on my EAD. I am asking to change my employer. I will keep using my EAD with my new employer. They are different employers.

Expert:  Expert James replied 9 months ago.
Hi Eco,

 

You can change employers only if the I-485 has been pending (processing but no decision made) for 180 days and the new job is in the same or similar occupational category as the job for which PERM was made.


The 180 days should be counted from the date the I-485 application was received, not the notice date. If it has been more than 180 days since then, and you do not have a decision on your I-485, then you can change employers.

If you do change employers, you should inform the USCIS of the change by sending a letter of your intent not to be employed by the I-140 sponsor. Have your new employer include a letter verifying that a job offer exists, and includes a description of the position, job title and salary

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 9 months ago.

Hi, James,


 


Thanks for the answer. Just one more: How long do you estimate that I will wait until I get my 485 approved. (My PD is 8/14/2008 and the VB is 9/15/2008). To my understanding, if I wait my 485 approved, or even card shipped, and then resign, I don't have to send letter to USCIS, I don't have to do anything, is that correct?

Expert:  Expert James replied 9 months ago.

Hi Eco,

 

QUESTION: Thanks for the answer. Just one more: How long do you estimate that I will wait until I get my 485 approved. (My PD is 8/14/2008 and the VB is 9/15/2008).

 

ANSWER: Processing of the I-485 is usually completed anywhere from 5 to 7 months from when the priority date comes current. That's why they say you shouldn't change jobs unless it has been 180 days.

 

QUESTION: To my understanding, if I wait my 485 approved, or even card shipped, and then resign, I don't have to send letter to USCIS, I don't have to do anything, is that correct?

 

ANSWER: No, that is not correct. You have to have good faith that the job is permanent. If you leave right away, that shows that it was not in good faith. It looks like you only stayed with the company to get the green card and then you left. The USCIS can revoke the green card and charge you with fraud. Once the green card is approved, you should continue working with the new employer for at least 6 months, so it does not appear like immigration fraud.

 

The only way around this would be if you can show that you intended for it to be a permanent job, but then a legitimate reason for leaving developed, like the company started doing poorly and could no longer keep you employed, etc. It can't be just that you wanted to leave for more money. The whole point of the green card is to get you permanent resident status for the company who sponsored you in the position they sponsored you. It is for the company's benefit, not yours only.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Customer: replied 9 months ago.

Hi,


 


For the first question. I didn't mean the time from 485 receipt date (RD) to approved date. I mean, the VISA bulletin was stopped for China EB2 for last three month. My PD is 8/14/2008. Now the new Visa bulletin said it's 9/15/2008 now! So, I want to know that from the date of new Visa bulletin to actually approve my green card, how long will it take?


 


For the second question, you told me in your first reply that I can change my employer as long as it's 180 days after my 485 pending. In your second reply, you said I shouldn't change my employer because I don't show good faith. I don't quite understand. Could you explain more?


 


Thanks a lot!


 


 


 


 


 


 

Expert:  Expert James replied 9 months ago.
Eco,

QUESTION: For the first question. I didn't mean the time from 485 receipt date (RD) to approved date. I mean, the VISA bulletin was stopped for China EB2 for last three month. My PD is 8/14/2008. Now the new Visa bulletin said it's 9/15/2008 now! So, I want to know that from the date of new Visa bulletin to actually approve my green card, how long will it take?

 

ANSWER: As I said, 5 to 7 months. It starts processing automatically, since your priority date is not current.


QUESTION: For the second question, you told me in your first reply that I can change my employer as long as it's 180 days after my 485 pending. In your second reply, you said I shouldn't change my employer because I don't show good faith. I don't quite understand. Could you explain more?

 

ANSWER: You can't wait for the green card to get approved, and then leave the sponsoring employer right away. That is not good faith and can be viewed as fraud - waiting until you get the green card and then leaving immediately.

 

But if the green card has not been approved yet, but is in process, and you decide to leave to a new employer, you can do this if it has been pending (not yet approved) for at least 180 days and the new job is the same or similar as the old job, then you and the new employer inform the USCIS and you can change jobs. You can be acting in good faith if you inform the USCIS of your intent to change jobs, before you get the green card. But if you change employers immediately after getting the green card, then that is not in good faith.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7305
Experience: Experienced in all aspects of immigration and nationality law.
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