rach ho
Jul 20, 2023
fired before contract
is there any problem to my GC if my sponsor fire me before i complete the contract. i already worked for them 6 months
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happy nuggetJul 20, 2023
you won’t have problem if you already got your GC. you can find a similar job and fond new sponsor and file 485j if your 485 is pending
Amy NieeeJul 20, 2023
do they let you know why they fire you? I think if you can find new sponsor and file I485J
rach hoJul 20, 2023
@raul lee really. im still waiting for my 485. my 485 filed for nearly 1.5 years. i already work for 6 months. so can my sponsor request to cancel my 485 with Uscis if they fire me?
rach hoJul 20, 2023
@Amy Nieee just some big argument at work. my sponsor can request cancel my 485 if they fire me? im so confused
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J AJul 20, 2023
No you wont as you are beyond the 180 days already. You can find another sponsor to port your i-485 as long as your the job is similar.
Zuki yosidaJul 20, 2023
they can withdraw i140 anytime but USCIS will not do anything about it as long as your i485 has been pending for over 180 days
rach hoJul 21, 2023
@J A thats good to know that. my workplace is not unfair. im just so worried they cancel my i485 with uscis. i already have the other sponsor, but i think it will be complicated to file i485j. do you have any idea about that
rach hoJul 21, 2023
@Zuki yosida thats good to know that. thank you for your information
Muhammad HammadJul 21, 2023
anyone explain what similar job ? to a new job offer will be. for example if the first sponsor hire you as a retail sales person of a grocery store and my other sponsor offer me retail sales for the jewellery ? will it consider same job?
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J AJul 21, 2023
Do a research and check with your attorney to help you
Muhammad HammadJul 21, 2023
@J A my attorney is a piece of shit. takes time to get in contact. My pd is june 2020 and i start working for my sponsor a year ago, but manager is pain for every employee.
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J AJul 21, 2023
Then find another one who is competent.
Eb3 waitingJul 21, 2023
Filing i485 J is not that difficult. There was a post few days back regarding filing i485 J. Have a look at it.
Nepali BoyJul 21, 2023
no keep calm and stay in peace
Xhi YhaoJul 21, 2023
CONGRATULATIONS
rach hoJul 21, 2023
@X Y im so confused now. just worry sponsor say something bad about me with USCIS to cancel my i485🥲
Xhi YhaoJul 21, 2023
@rachel ho they cannot do anything Just look for another job with a similar role and fill out an I485J then keep it. If USCIS fortunately doesn't call for an interview then you're good to go. To be on a safe side... make sure you get another job... don't give up on your GC
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Mk AsifJul 21, 2023
its very difficult to get a new sponsor who can sign i485j after changing initial sponsor, like an assembler making trailer, how to get new sponsor , it's very few company in the market
Xhi YhaoJul 21, 2023
No @Mk Asif it's easy! Unskilled jobs aren't that detailed... most usually involve general labour We are not talking about mechanics here Even an assembler making trailers doesn't need to get another job assembling trailers What is being assembled isn't important to USCIS SOC is one the tools used by USCIS in determining similarly and what SOC shows is simply your job responsibilities. A janitor at tesla is same as a janitor at McDonalds An assembler at FORD is same as an assembler at a puzzle manufacturing company. A picker at amazon is same as a picker at a company packing lunches The ASSEMBLING role is the main thing Do not complicate things You can switch from assembling trailers to assembling even toys! Anyone who has been through OPT/STEM OPT will understand what I am saying as you have to prove how your degree is useful in yourjob. Sometimes you have to pinpoint just one class as relevant to your present job and it's valid Again.. it's very easy... AND THE JOB RESPONSIBILITIES DON'T HAVE TO BE 100% MATCH FOR MATCH Only 50% The onus is on you to prove. This isn't a skilled job category... it's unskilled. so the flexibility is really enormous!!!
Zuki yosidaJul 21, 2023
@X Y what if someone had an interview already and then used ac21. Is that likely or unlikely that they will be asked for rfe/noid?
Xhi YhaoJul 21, 2023
It shouldn't go to NOID Worst is RFE for more information
Zuki yosidaJul 21, 2023
@X Y cool. how do you know about 50% similarity? where should I go and get that info ?
happy nuggetJul 21, 2023
@X Y you are so awesome and helpful. I am genuinely thankful for what you have provided to community.
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Praise GodJul 22, 2023
Rachel be careful - 180 days is not the only requirement you need to meet when you change jobs. When considering a request to transfer the basis of an adjustment application, the officer should consider the following guidance. 1) INA 245 (a & c) Title 8: Code of Federal Regulation (8 CFR 245) Part 245 part 1 (c) 2) Whether you filed concurrently or not 3) Whether you meet Eligibility Requirements set out by USCIS: 180 days is only one of them. Its not that simple - 180days!! Talk to a lawyer and ask them to explain above points l mentioned and you will understsnd how delicate the process is - you need to trade carefully.
rach hoJul 22, 2023
@Praise God thank you for your advise. the thing im worried is that my sponsor talk something bad about me with uscis when they fire me. that may affect my i485
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Praise GodJul 27, 2023
@rach ho USCIS action will depend on: 1) weather your i140 has been approved 2) weather you filed concurrently or not & INA 245 (8 CFR 245) requirements (if you filed concurrently and they deny i140 your i485 is denied and you EAD is cancelled with immediate effect and you have 180days to leave USA 3) you can file i290b Motion to Reopen or Reconsider is you have a valid reseason that the denied was USCIS's error 4)i290b goes back to the same officer who denied your application and he/she and even though they are supposed to respond withing 3 - 6 months it can take forever, no way to expediate. 5) whilst waiting for i290b processing you can't work because your EAD would have been cancelled when they denied your i140 and i485 6) to reopen your case you need to meet tge "Eligibilty Requirements set out by USCIS that is: - more than 180 days when you changed employer - you requested USCIS to transfer your i485 to the new approved i140 BEFORE - they denied your i140 if you filed concurrently - and tgat USCIS had received the request before you received the denial THEREFORE, its not just the 180days required when you change employer for those who filed concurrently because once a decision to deny i140 has been made on comcurrently filed application everything attached to that pack is also denied. You cant ask then to transfer a denied i485 to a new i140! If you are fired and don't have an approved i140 that you have already asked uscis to attach to the original i485 you may have a BIG problem! Seek legal advise asap - it sounds like you don't have much time!!

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