Question #2: Hi. I've been laid off before 180 days after I applied for I-485. I already have an Employment Authorization Document. Can I use it to get another job, and the new employer needs to sponsor me again for my I-485? Also do I need to start from scratch another I-485 or can I can continue the process? Thanks.
Carl Shusterman: There is no need for your new employer to file a second I-485 on your behalf. As long as your job is in the same or similar occupation you can adjust status using your previously filed I-485. You can continue employment using your Employment Authorization Document (EAD).
Question #13: If being laid off within 180 days from RD and with EAD what are the steps to be followed to save AOS (Like informing lawyer change, any letter from previous employer required etcetera).
Carl Shusterman: The INS memo of June 19, 2001, referred to earlier in this chat, provides as follows:
"In instances where the applicant no longer intends to be employed by the employer who sponsored him/her on the I-140, the Service should request a letter of employment from the new employer. The letter from the new employer verifying that the job offer exists should contain the new job title, job deion, and salary. This information is necessary to determine whether the new job is in the same or similar occupation and to determine whether the alien is admissible under the public charge ground of inadmissibility at INA Section 212 (a)(4)."
Link: http://immigration.about.com/library/weekly/aa012902b.htm
Also, by USCIS's memo on AC21, you can change job within 180 days.
It is always a good idea to keep your H1B visa though.
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• 好,挺好,謝謝! - 回複:This is tricky but you may make it. See side -pjiang- ♀ (0 bytes) () 07/23/2007 postreply 18:37:04