x y
May 14, 2024
switching jobs (gap period) while status is pending permanent resident
Hi All. I have special case that I cannot find an answer in Google. I was working on F1 CPT status and my employment based green card (EB3) has been going on. Although I485 is not approved yet, USCIS approved the EAD for me. That's why I accepted it and gave up my F1 based CPT status as well as F1 status as well. Right now, my status in the US is pending permanent resident. With this pending permanent resident status, can I stay in US without working or can I have a gap between switching two companies? It has been more than 6 months from initial submission date of I485.
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J AMay 14, 2024
You are pending i-485 that is your status. Once you use your EAD you technically are ouf from F1 status, you gave up F1 so work now using your EAD. It does not matter which company you are working but it would be preferred you work for your sponsor.
x yMay 14, 2024
@J A thank you for sharing the response. if I leave my sponsor and stay unemployed, will I still get my green card or do I need find a new sponsor company again?
x yMay 14, 2024
@gigglening I was on CPT and once I have received EAD from USCIS, I used it and dropped my uni. my lawyer also advised that don't give up F1 status (she didn't mean CPT, just status itself) until GC approval but I didn't want to pay for uni. once you accept GC based EAD, you can keep F1 status but I didn't. secondly, if you drop F1 status and got denial from GC, it means you need to leave US within 15 days. there is no chance to get back to F1 and I took this risk.
J
J AMay 15, 2024
@x y you need to file i-485J for the new employer
x yMay 15, 2024
@J A I know but can I have a gap of 2-3 months between current employee and future company?
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UD EnXristosMay 15, 2024
If you have an approved I-140 and a pending I-485 for more than 180 days, changing employers is governed by the provisions of the American Competitiveness in the Twenty-First Century Act (AC21). Here's what you need to know: - Changing Employers with an Approved I-140 and Pending I-485 • Same or Similar Occupational Classification: Under AC21, you can change employers as long as the new job is in the same or a similar occupational classification as the job for which the original I-140 petition was filed. It does not necessarily have to be under the EB-3 category, but it should be similar in terms of duties, skills required, and other relevant factors. • Filing Form I-485J: ** Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), needs to be filed. This form can be filed by either you or your new employer. It serves to confirm that you have a bona fide job offer in a same or similar occupational classification. - Unemployment Considerations: Technically, if you stop working while looking for a new job, it could impact your status. The USCIS does not specify a maximum period of unemployment, but extended periods without employment might raise questions about your ability to support yourself and your intent to work in the same or similar occupational field. - Options and Considerations • Job Search While Employed: If possible, it’s advisable to start looking for a new job while still employed. This minimizes the period of unemployment and can ease the transition. - Documentation for New Job: Gather documentation related to your new job offer, including a detailed job description, to demonstrate the similarity to your original employment. Legal Assistance: Consulting with an immigration attorney is highly recommended. They can assist with the I-485J process and provide guidance on maintaining your status during the transition. Maintain Communication with USCIS: Keep USCIS informed of your employment changes, especially through the I-485J filing. What You Can and Cannot Do Can Do: Change employers in the same or similar occupational classification, file Form I-485J, and look for a new job while maintaining legal status. Should Avoid: Extended periods of unemployment and changing to a job that is not in the same or similar occupational classification. You have the option to change employers under AC21, but it’s crucial that the new job is in the same or similar occupational classification. The process involves filing Form I-485J, and it’s advisable to minimize any period of unemployment. Legal assistance can be invaluable in ensuring compliance and maintaining your status during this transition.

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