Transfer of employer while I-485 is in process

[einuj somar]

I would really appreciate it if someone could shed light on this matter...
I work for an employer and is being assigned to a client site. My employer files the application for my PR. If the client decided to hire me as employee and applied for a transfer of H1B, what's gonna happen to my I-485 appplication now ?

[artisingh]

181 days

if your RD for AOS (I-485) is atleast 181 days prior to today, then you can switch employers.

i believe INS doesn't care after 181 days as long as you are employed and your job duties are similar.

clarify with your lawyer.

[einuj somar]

Re: 181 days

Thanks artisingh for the reply !

Well unfortunately my I485 was only filed last week so I don't even have an official RD yet.
Is there any exception to the 180 day rule ?
I was really hoping to get excempted from that since I'll still be working with same client.

[artisingh]

181 days

since your employer sponsored you (not your client), working for your client would entail restarting your GC process all over.

the only leeway INS gives is if its been 181 days after your RD.

maybe someone else has a suggestion.

[artisingh]

one suggestion

did you try asking your employer if they would keep you on their payroll as an employee. you could work for your client as a consultant.

that way you are not switching employers and you can retain your GC application.

[einuj somar]

My EAD just got approved and am now due for finger printing next month; I heard somewhere that the status of my greencard application won't get affected if I transfer employer now, is that true ?

[godlove]

No Deviation

hi Somar
Getting an EAD or FP or anything less than GC stamping
does not overrule the 180 days rule.
Ask your lawyer for more details. He will guide you through.

[coolie1]

Your are talking about AC21 portability provisions

Not a legal advice:

Another aspect of AC21 is, if the INS adjudicates the I-485 within 180 days, then one no longer can benefit from the AC21 portability provisions for I-485s since that was meant to penalize the INS for lengthy adjudications in excess of 180 days.

Getting GC approved in 180 days is not very good news if GC sponsoring company is a body shop, as per my understading.

[einuj somar]

180 Days rule

What legal physical proof will I get after 180 days from the I-485 RD (or was it ND) ? How safe it is to transfer employer after the '180 days' for my I-485 not to get wasted ?

[gangsta2k4]

Re: 180 Days rule

its very intresstin

[kw177]

Re: 180 Days rule

Not legal Advice:

There seems to be some confusion about this. As far as I am aware you can transfer employers at any time after filing an I-485 (as long as you have work authorisation like H1 or EAD for your new job).

The INS can only refuse your I-485 if they take LESS than 180 days to adjudicate it.

In other words you can change jobs at any time after filing and as long as the INS takes more than 180 days to adjudicate your I-485 you are home free regardless of when you actually switched employers.

[einuj somar]

Re: Re: 180 Days rule

THX KW177 for the reply ! That somehow confirmed what I read somewhere. But I have another concern... if I move to another employer before the 180 days, how true it is that the INS would still sometime ask for a letter or proof of date of employment from the sponsoring employer ?

[kw177]

Re: 180 Days rule

Not legal Advice:

If you filed an I-485 your original employer would have given you a job offer letter to include with the application.

If you change employers you need a letter from the new employer stating that they intend to employ you in a "similar" occupation under "similar" conditions to the original Labor Cert.

However as yet the INS has still not issued any regulations to clear any of this up. In your case you would be well advised to go see an attorney who knows about this stuff. Even if you have to pay for the lawyer yourself it is still worth it. Though you may get your new company to foot the bill since the LC and I-140 are already done and you really just need a few things cleared up. That way it should not be too expensive.