Oct 2020 EB3 India, GC approved now, Can Change the Job ?

[sanjeevchhibber]

Hi Q,

My I485 was filed in Oct 2020 under EB3 India, I did not do interfile & my GC got approved in May 2022 under EB3 itself and I got GC on 18th May 2022. Now I am getting a new Job Can I move Or do I still have to stay with the same company for 6 months or so after GC approval, please advice

Thanks

[qesehmk]

Hi Q,

My I485 was filed in Oct 2020 under EB3 India, I did not do interfile & my GC got approved in May 2022 under EB3 itself and I got GC on 18th May 2022. Now I am getting a new Job Can I move Or do I still have to stay with the same company for 6 months or so after GC approval, please advice

Thanks

You were eligible for a job change under AC21 itself. So changing now should have no repurcussions. My 2 cents. Not a legal advice Sanjeev! but all the best to you.

p.s. - I just realized your last name same as Gauri Khan's. You guys long removed cousins or something ??? ;)

[sanjeevchhibber]

Thanks Q, AC21 is applicable for changing the job before I485 Approval, my scenario is to change the job after GC is approved, do I need to stay for some time after GC approved, More then 18 months have passed between I485 was filed in Oct 2020 & GC approved in May 2022

[qesehmk]

Thanks Q, AC21 is applicable for changing the job before I485 Approval, my scenario is to change the job after GC is approved, do I need to stay for some time after GC approved, More then 18 months have passed between I485 was filed in Oct 2020 & GC approved in May 2022
My thinking has evolved and now I think that with AC21, practically there is zero requirement to stay in the same job. In fact there never was any requirement to stay in a job. There was an expectation. But never a requirement. Ok? With AC21 there is an explicit permission to change jobs six months after 485 filing. So the same logic can be extended beyond GC approval and I see no problem at all. As I said I am not a lawyer. But if I were a lawyer I think I can easily defend this in the courts.

[beagle]

https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089form.pdf

Section - L

I declare under penalty of perjury that Sections J and K are true and correct. I understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to five years or both under 18 U.S.C. ?? 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U.S.C. ?? 1546 and 1621.
In addition, I further declare under penalty of perjury that I intend to accept the position offered in Section H of this application if a labor certification is approved and I am granted a visa or an adjustment of status based on this application.

Labor -> 140 -> 485

So everyone has a different opinion regarding this and its confusing.

[qesehmk]

https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/9089form.pdf

Section - L

I declare under penalty of perjury that Sections J and K are true and correct. I understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to five years or both under 18 U.S.C. ?? 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U.S.C. ?? 1546 and 1621.
In addition, I further declare under penalty of perjury that I intend to accept the position offered in Section H of this application if a labor certification is approved and I am granted a visa or an adjustment of status based on this application.

Labor -> 140 -> 485

So everyone has a different opinion regarding this and its confusing.

This is true and you must have the intention of accepting the job offer when 140 is filed. But then AC21 also allows you to change jobs 6 months after 485 is filed. So the law recognizes that circumstances can change.

[sanjeevchhibber]

I did accept the offer and after GC is approved I did worked with the company for 2 months plus then I am changing to new job so question was that is it good enough or it has to be at least 6 months after GC approval