One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.
One such decision recently arose in an adjustment of status case where the beneficiary (employee) had moved from one job to another after the approval of the I 140 but before I 485 had been pending 180 days. The USCIS interviewed this gentleman and proceeded to issue a notice of intent to deny based upon a finding that he had no intention to stay with the green card sponsoring employer as is evident from him leaving before the 180 days of pendency of the I 485 were reached.
This decision is against long-standing policy.
USCIS has never required that an employee must stay with an employer for 180 days after filing the I 485. The requirement has always been that once the I -85 pendency of 180 days is crossed, USCIS does not question the motives of an employee. This case seems to be headed to the courts.
The lesson to be learned from this unreasonable attempted denial is to examine very carefully what an employee's state of mind is on the date the I-485 is filed. If indeed, there was no intention to leave the employment on that date, I think the USCIS will be defeated in the courts every time. If on the other hand, an employee had already decided that they would leave before 180 days of I-485 pendency, the government could argue with perhaps some rationality for their denial. Albeit, in my view, that is also a poor ground of denial and should not be sustained. Another variable that can be helpful to the employee is if the employee is willing to continue the job, but the employer has withdrawn the job offer or the circumstances are such that the job no longer exists.
In view of all these fuzzy and confusing considerations, it is important that we discuss this matter in detail before adjustment of status interview and be prepared to respond to the government truthfully and with full knowledge of the law..
Comments
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Change employers(on H1B).prior to 180 days after I485 submission
Hello attorney,
Scenario is : I140 approved, I485 submitted. EB2 India, enquiring of job change or job loss prior to 180 day window.
1. Is it possible to change employers prior to 180 days of I485 submission and still maintain GC process intact. Assumed employer will not terminate or withdraw I140 petition. I140 is approved.
2. Once I485 is submitted, until the 180 day mark, do I still have to be employed with the sponsoring company for legal presence and approvability of I485/GC.
3. Within 180 days of 485 submission, can I quit or be terminated by the employer/job and legally stay if I am not employed at all for any employer or Must I maintain some ‘similar job’ employment for purposes of legal stay in US after I485 submission ?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
AC21 Job Portability after 180 days of I-485
Q. 1 Is it possible to change employers before 180 days of I485 submission and keep the green card process intact? Assuming that the employer will not terminate or withdraw I140 petition. My I140 is approved.
A. Yes. You are not required to be at the job for 180 days. But when the I-140 is filed, you should have the intention to take the job.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Merger happened after 60 days of 485 submission
I have filed 485 with Company A and after 60 days , it was merged into Company B and Company A no longer exists after the merger. All my paystubs everything from Company B .
Now, my 485 interview scheduled in Aug 2nd week. Does this causes my 495 denial since employer name changed before 180 days of pending 485?
My company B is telling me that they will provide employment verification letter and merger documents
Please advise if there is way we can avoid 485 deniel
Thanks
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Merger happened after 60 days of 485 submission
You should speak with your lawyers about the details. Generally speaking, If AC 21 requirements are met on the date of the interview, all you need to do is submit a supplement-J by hand.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
So, you are saying that the…
So, you are saying that the no.of days 485 pending should be counted till the day of the interview? Not when I changed employer due to merger after 60 days ? Which one USCIS considers?
If later is correct then I’m good since it is more than 180 days but if they look at when I changed the employer then it will be less than 180 days
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Sir, Can you pls provide…
Sir,
Can you pls provide your inputs on this?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Input
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Unique situation
Hello,
I am in a unique situation at company A where i am employed for more than 10 years now. My PD is July 2014, and my company applied for EB3 downgrade in October of 2020, got it approved as well. Now, as the dates moved in EB2 category, my company has Interfiled with I485 J supplement (my application became current in June bulletin).
My question is, I am being interviewed by another company B. They are willing to offer, but is it advisable to change jobs now? If so how and if not what are the consequences.
Thank you very much.
Best, Sam.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Changing jobs after interfiling
Your 180 days begin from the date the USCIS receives your interfiling request.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Changed employers after 30 days
Hi, I changed employers 30 days after I received my green card. How long should I wait to apply for naturalization to avoid potential issues? 5 years after I changed jobs or 5 years and 180 days?
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Changed employers after 30 days
You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…;
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
New offer after 485j
Hi, I have applied for downgrade (Not an amendment) with Company A in Oct 2021, filed 485 too at the same time. EB3I40 approved. Now as EB2 date is current, Company A interfiled to upgrade to EB2 (i140 approved in 2014) with I485J on July1. Still waiting for receipt number for the same. Can I take up a new job offer from Company B before 180 days, if company B is ready to provide 485J if USCIS requests for interview? What complications could arrive with this? No EAD yet, but 485 is more than 180 days old and not 485J.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
New offer after 485j
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
URGENT i485 pending for 2 months only, lost job
My i485 was filed in August 2022 Priority Date: 2014 Lost job. H1b will be withdrawn and i140 is likely to be withdrawn Current H1b remaining till January 2023.
Do I have to leave the country now? Can I work for the remaining 5 months? Can I transfer h1b?
What are options?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
URGENT i485 pending for 2 months only, lost job
This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…
If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Switch Jobs after Green Card
I am with Coampany for more than 12 years now and my PD is Mar'14 (originally Eb2). I recently received my Green card in july'22. I downgraded to EB3 in Oct'20 and interfiled back (i485J) to Eb2 in June'22 and received GC on 7/30. How much time shalli wait for switching job to avoid issues during naturaliation.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Switch Jobs after Green Card
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change job with EAD, before i-485 180 days rule
Hi, I received my EAD but my i-485 is pending less than 180 days. Since my employer is asking me to relocate to a different state, can I use my EAD and change employer? Since my i-485 is pending less than 180 days, will it affect my i-485 approval?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change job with EAD, before i-485 180 days rule
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I 485 Filled on 22 SEP 2022 but Now My company is relocating to
I 485 Filled on 22 SEP 2022 and it will be 90 days when my company relocate to New Place on Jan 2nd 2023 but my HR asking me re start the PERM process
Is there any way I can avoid this situation by filling AC21 before 180 days
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I 485 Filled on 22 SEP 2022 but Now My company is relocating to
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
EB1b I-140 approved but it has been less than 180 days for I485
Hi, For my EB1-b case, my I-140 is approved but it has been less than 180 days for I-485. Unfortunately, I have been laid off. What are my options in case my employer (a) withdraws my I-140, and (b) they do not withdraw my I-140? Will my green card application be still valid? Will I have to refile both I-140 and I-485 or just I-485?
Thanks
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change employers(on L1A) prior to 180 days after I485 submission
Hello attorney,
Scenario is : I140 approved, I485 submitted. EB1 India, enquiring about job loss prior to 180 day window.
1. Is it possible to change employers prior to 180 days of I485 submission and still maintain GC process intact. Assumed employer will not terminate or withdraw I140 petition. I140 is approved.
2. Once I485 is submitted, until the 180 day mark, do I still have to be employed with the sponsoring company for legal presence and approvability of I485/GC.
3. Within 180 days of 485 submission, can I quit or be terminated by the employer/job and legally stay if I am not employed at all for any employer or Must I maintain some ‘similar job’ employment for purposes of legal stay in US after I485 submission ?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change employers(on L1A) prior to 180 days after I485 submission
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
These issues also require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change employers(on L1A) prior to 180 days after I485 submission
These issues should be covered in our FAQ. Please see: https://www.immigration.com/faq
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I485 Interfiling with new employer with their I-140
1. I worked with employerA (old) for 9 years until 2020. employerA had my I40-EB2 approved. 2. H1 Transferred to new employerB (current) in 2020. 3. In 2021, when EB3 dates become current, reached out to old employerA to file I-485/EB3 downgrade while current employer labor perm filing was still in progress. At the moment my intent was to go back to old employer if GC is approved but GC is still pending… 4. Received EAD/AP but not the green card. 5. Current employer B labor perm is approved in Nov 2022. Can my current employerB file I140 EB2 and interfile my I485 with his I-140. Is this a valid scenario? Please assist with your comments.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I485 Interfiling with new employer with their I-140
This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…
If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Promotion before 180 days of I-485 pending
Hi, I have approved the i-140 with an EAD combo card. I just received an opportunity to be promoted within the same employer (sponsor). The new role complies with the current soc. Is it possible to change the roles before 180 days of pending I-485?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Promotion before 180 days of I-485 pending
It is possible, but is it advisable? You are at a crucial juncture. Seek one-on-one consultation, please.
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