Job changes during PERM process

simplicity · Post by **simplicity** » Thu May 29, 2008 11:20 pm

My families status is currently pending (waiting) for PERM. In checking the online processing times for I-485 Adjustment of status for employment based adjustment applications, we have 4 months before they get to our receipt of notice time of Oct 2007. We all have EAD cards valid for employment until October. (we've been through the finger printing, medicals, and have Travel documents).

There is a high potential that the company my husband works for and who has spent the effort in applying for PERM for us is going to not be around much longer. I have been searching On the USCIS site to find out where that puts us..haven't had any luck in finding answers...so my question is:

If my husband is unemployed in a month or 2, do we have to return to CAnada? If we are in the pending status does it matter where he works ie he is okay to get another job somewhere else in the states, because we have the EAD cards? I know we should be asking the company lawyers this...but it is a bit of a sensitive situation at the moment.

Any comments would be appreciated.

THanks
Simplicity

simplicity · Post by **simplicity** » Fri May 30, 2008 12:39 am

I discovered the murthy.com site mentioned in another post here...I think I have my answer, but if anyone has a quick answer, please post! THanks

Simplicity

nelsona · Post by **nelsona** » Mon Jun 02, 2008 3:22 pm

Not sure how you are waitning for PERM, and have I-485 pending.

PERM is labor certification. If you mean waing for your GC, then don't say waiting for PERM, as it is incorrect.

Assiuming you said you were waiting for GC....

Then, no you don't have to leave US if he loses job, since you would all be in 'adjustee' status.

The bigger problem you all face though, is that if he is no longer being sponsored (ie. if the sponsor disappears) he is very likely to be denied GC.

He should NOT be waiting for this to happen. He can us AC21 (look up your self) to work at another firm, and THEY can assume sponsorship for him. he needs to do this now.

The very worst situation would be for him to lose his job at the same time that USCIS asks the firm if they intend to continue to sponsor him. They could not say yes, and his GC would be dead!!

This is pretty serious.

simplicity · Post by **simplicity** » Wed Jun 04, 2008 12:00 pm

THanks for the clarification Nelson, I thought PERM was the same as GC...after all the reading I've done...I'm still not in the know...We are waiting for GC, BUT I guess the company I-140 filed by his employer is still not approved. Today the USCIS is asking for paystubs and tax record from the last two years. So as you say this sounds like a serious thing, particularly since we haven't got a clue as to how long the company will be around.

The other thing the employers lawyers have done is put him in the H-1B lottery, and his name was picked this year, I presume because our EAD and Advance parole travel docs expire in October.

IT's confusing for us...but I will look into the AC21. THank you.

Simplicity

nelsona · Post by **nelsona** » Wed Jun 04, 2008 12:05 pm

AC21 will only help you once I-140 is approved.

The H1 had nothing to do with EAD/AP. These are related to having filed I-485. If his H1 sponsorship falls through, so will his GC sponsorship, sionce they are with the same firm.

He should be looking at any new job right now.

simplicity · Post by **simplicity** » Wed Jun 04, 2008 2:32 pm

Yes, Nelson! I have been doing a ton of reading just now and realise this about the I-140. The lawyers just received a request for more info today from the company and my husband re: pay stubs and income tax...

Does this mean the I-140 is close to being approved?? (who knows is my guess! My husband is asking the lawyers this too.

My question to you is how long can we stay in the US if he loses his job?? Do we have to vacate immediately??

And he has started looking for jobs, but not applying to anyone yet. Even if I-140 is approved (the I-485 ahs been pending for over 180 days) he has to get an offer from a company with a similar job title, correct??...for example...his current company is private industry...he is looking at tenure track professor jobs now...would he even be able to use AC21 here? My understanding is the AC21 can be exercised as long as the job is similar which it is not.

My guess is we would have to return to Canada and he'd have to apply for prof. jobs there...?? Unless he stays in a similar job description that is...am I understanding this correctly?
Thanks
Simplicity

nelsona · Post by **nelsona** » Wed Jun 04, 2008 2:42 pm

For AC21 the job would have to very similar. Now, could an engineer working in dustry become an engineering professor, and still meet AC21 requirements? maybe, but a lot would depend on the way the original PERM was written up.

Even if he loses his job, He does not have to leave until his I-485 is denied. This could take months or even years. You would still be allowed to live in US (based on your I-485), work (based on EAD) and travel (based on AP).

The important thing would be for him to find work first, then worry about changing the sponsorship for GC process, or evne starting it over again.

nelsona · Post by **nelsona** » Wed Jun 04, 2008 2:44 pm

You would nbe wisde to meat with a savvy immig lawyer to outline his various options over the next few months, depending on I-140 approval, type of profession, and how quickly he might be hired.

The 4 months you mention about possible approval, could change from month to month based on visa availability, too.

simplicity · Post by **simplicity** » Wed Jun 04, 2008 3:17 pm

Thanks Nelson

Just anotherr clarification:

Because finding a job takes time (prof jobs ca take forever as far as hiring process...), which he may not have, I'm jsut wondering if we will need to leave if the EAD and AP expire before he finds work (october in our case) or can we renew ourselves?.(The current company lawyers is going to file renewal soon..they say four months in advance but if the company goes out of business I'm not sure where this sits then)

I am going to take your advice to find a savvy lawyer or discretely find more from the companies immigration lawyer And encourage my husband to start applying for other jobs. THanks

Simplicity

nelsona · Post by **nelsona** » Wed Jun 04, 2008 6:35 pm

for those with pending I-485s, EAD and AP MUST be renewed yearly, and must be renewed such that the new ones arrive before the old expire (unlike when he was on TN or H1).

He should be submitting these in the June July timeframe to ensure approval by October. So he needs to get busy on this now, as his fimr is doing. Make sure they don't drag their feet.

simplicity · Post by **simplicity** » Thu Jun 05, 2008 11:44 am

Thanks very much Nelson, your help is greatly appreciated

Simplicity