Legal Question in Immigration Law in California

Losing employment while awaiting I-485

My current company has just been subjected to takeover, and I am liable to lose my job shortly. Myself and my family are currently in the I-485 stages awaiting approval. My I-140 is already approved. We have been in I-485 stage since August 2003. On April 15th 2004 our cases were transferred to San Francisco. Currently the Immigration website for San Francisco states they're (as of December 15th) processing I-485's up to April 11th 2004.

Given we are so close, what are the roles regarding my ability to find other employment, in either CA, or out-of state? How long do I get, and are there restrictions on the type of work/and or salary? Thanks in advance


Asked on 12/31/04, 5:53 pm

3 Answers from Attorneys
David Nachman Nachman & Associates, P.C.

Re: Losing employment while awaiting I-485

Take a look at the provisions of AC-21 Section 106 which deals with job "mobility" when 180 days have passed since the I-485 has been filed (and when the I-140 has been approved). You will want to make sure that you can clearly demonstrate that the new job is in the "same or similar occupation" as those terms are defined in the the field guidance memoranda issued by the USCIS. We just handled a case like this at the Newark, New Jersey, District Office and, during an extensive interview, our clients provided the Examining Officer with a detailed expert report (that our office worked with the expert to prepare). We trust that this information will be of assistance to you and the members of your fsmily. Happy New Year!

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Answered on 1/02/05, 4:26 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Losing employment while awaiting I-485

You need to have a new employer that is willing to hire you in the same or similar position as your previous one. If at the interview you cannot provide your new employer's information, your I-485 would be denied.

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Answered on 1/01/05, 7:54 pm
Jacob Sapochnick

Re: Losing employment while awaiting I-485

Hi,

Generally speaking under the new rules, once your I485 has been pending for 180 or more you could change jobs in the same position and still be able to save the green card.

A carefull analysis of your new job and company will need to be made before you switch but it is possible.

Give me a call at 619 819 92 04 or email [email protected]

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Answered on 12/31/04, 6:50 pm


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