Discuss Arbee's I-485 USCIS Case

I-485 case: Approved in 1732 days (-1077 days more than average)
Romania
Romania
primary
Nebraska
EB3
27 Apr 2006
10 Aug 2007
17 Aug 2007
12 Oct 2007
non-concurrent
regular
11 Aug 2006
07 Dec 2007
25 May 2009
yes
15 Jun 2009
EVL
07 Jul 2009
not sure
approved
07 May 2012
07 May 2012
yes
no
26 Nov 2007
108 days
119 days
1732 days
soft LUD 12/8/07; 12/30/07; 7/13/09; 10/03/10
30 Nov -0001
08 May 2012
soft LUD 12/8/07; 12/30/07; 7/13/09; 10/03/10


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Posted by AdrianMutu
10 Jan 2008 #1
Hey Arbee,

First let me summarize the situation to make sure I got it: you're on "AoS pending" + EAD and your I-140 is approved. Soon your I-485 will be pending for 180 days and you'd want to be doing a different job. You already work for your GC sponsor.

Did I get all these facts straight? Please correct me if I'm wrong.

Assuming it's all good, we've moving on. GC is for a future job. So basically your GC sponsor said they need you to be their X guy and you said that's your desire as well. USCIS does not care too much (by law) what happens after 180 days of I-485 pending and I-140 approved. BUT, at the time the GC is adjudicated, you need to be available for position X and the sponsor needs to keep their offer valid. OR, another sponsor needs to have a "same or similar" job offer for you at THAT moment.

So there are a few things you could do:

1) Keep the current job and get the other unrelated job as well. You can very well be whatever you wish on the side, and the EAD is good for N simultaneous jobs. You'll fill an I-9 form with the other guys (like you already did w/ the sponsor) and that's it. This of course assumes the GC-sponsor employer is okay with you working another job and that you can live without sleeping :-)

Legally, it's all perfect. If time passes by, USCIS may send a RFE to make sure the offer is still valid, to which you and the employer both say happily that all is good.

2) Give up the current job and take the desired unrelated job, but on a TEMPORARY basis, and AFTER 180 days since I-485 received date. This is where the GC = future job trick comes into play. So basically you're saying "As soon as I get the GC, I'll give up my temporary thing and go back immediately to the sponsor to pursue the opportunity I asked the GC for in the first place". They (the GC-sponsor) need to be really good guys:
- they need NOT revoke the I-140;
- if USCIS sends a RFE, they need to reply fast saying "Dear USCIS, right now he's
Posted by AdrianMutu
11 Jan 2008 #2
Arbee, dude,

The second route is indeed legal. However, it does pose some risks. What risks?
1) If USCIS sends a RFE (who knows: medicals/ birth certificates/ copy of blah-blah/ etc), the GC-sponsor needs to contact you immediately and you need to reply fast;
2) If, more importantly, some time passes by, USCIS might issue a RFE just to make sure the offer is still there. They need to reply fast and explain nicely that your leave is temporary and you'll join back as soon as you get the card. You might want to attach a letter confirming that -- that is, both parties would re-affirm their intentions to go ahead. You guys need to convince USCIS that everything stays as claimed at I-485 submission time. USCIS might raise their eyebrows a bit: "Hmmm, so you were with them, then you left, and you say you'll be back. Legal, but slightly suspicious. You sure you're going to go back?".

So bottom-line: your employer and your lawyer need to be well aware that everything needs to continue.

Also: please, please, do NOT take my word for granted. I'm just another guy, I'm NOT a lawyer, I just spent a number of nights on forums to understand the system. BUT do talk to a real lawyer before taking important steps.

RE: AP: I understand :-( However, if you're worried about attorney's fees, then you should know you can file all by yourself. Unlike I-140, the I-485 + EAD + AP are your petitions. And you can file at any time. The guys over at immigration.com have some very useful threads regarding self-filing: http://immigrationvoice.org/forum/forumdisplay.php?s=99fce8d247e56dc8d3241d20011a06a5&f=70

On the same topic, if you had an H1-B in the last 6 years, you can get another one without being counted against the cap. The company needs to pay for it though (by law). You could even get the H1-B from the other company while the GC is sponsored by your current employer, nothing wrong with that.

That's about it... and regarding your planned move, really

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