再討論：485遞交後180天內換工作

首先討論的前提是140已經approved了。如果沒有approved,危險性很大。一旦移民局發出140 RFE，前雇主不願意理睬，就會收到intent-to-deny.
140approved 後180天內換工作，隱患在於雇主的revoke.如果雇主在180天內revoke,485要被deny的。這種情況，研究了網上不少attroney的分析，普遍建議是受益者雖然可以去新單位工作，要等到過180天後，再file AC21（繼續使用前麵的140），這樣就沒事了。前提是要確保舊公司不會180天內revoke,和新工作必須相同/相似。
對於 485RFE，還是要看是什麽樣的RFE.簡單的RFE，比如說medical exam, FP 什麽的就很簡單。
下麵是一個引用的答複。



Question #7: Hi! Thanks a lot for the exceptional service. Need your suggestions. My (and family's) I-485, EAD, AP were applied for already. EAD & AP just got approved (as per online status) last week. I am going to lose my job in 1 to 2 weeks (hardly 60 days after the I-485 receipt date). But my employer will not revoke the I-140. I just got an offer from another company, but am unable to decide because of the 180 days rule. In view of the recent AC21 memo which seems to have two conflicting statements regarding validity of an I-140 in the case of a second employer before 180 days. What would you suggest? Even if I join the new company before 180 days and my old company retains the I-140, can I still claim that the original sponsor is still supporting my green card (even after laying me off) and for the time being that I'm working for the new company (on EAD or H-1B, another question). Then I could say I will return to the old company as soon as they find a project for me? I want to specify that my I-485 was applied after approval of my I-140. Thanks.

Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.

The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.

所有跟帖： 

• Pharmacyelite, 多謝！我140已批。對第二小問題有何高見？ -485question???- ♂ (162 bytes) () 11/24/2007 postreply 22:56:12