View Full Version : Pl. clarify
10-25-2001, 02:21 PM
I am trying to understand how the INS checks whether you actually started working for the sponsor after the 485 approval. can someone pl. explan?
Just to elaborate, if co.A sponsors me and 485 is filed, how INS finds that I joind co.A or what if don't join?
10-25-2001, 04:09 PM
They don't track you down this way, if this is your question.
They rely on input about NOT fulfilling your obligation from either yourself (when you fill out any INS form, even years later) and/or the sponsor, which may complain about you not doing your part.
If you ask that to understand "how you can beat the system" I can tell you that chances of an inquiry are probably small, but is it worth the risk?
If you would leave early (with no good reason) then what would you gain? You certainly have a lot to loose if your case goes south (deportation).
10-26-2001, 08:53 AM
Well, I do not want to take a risk, however due to the current economic situation, I just want to play safe. e.g. If co. A is ready to file 485, and by the time it is approved, what if there is a lay off? what if I can find another employer?
10-26-2001, 01:27 PM
If your case is not yet approved, you are in completely different game.
If A sponsors your I140 and I485 was filed, you must work for A at least 180 days from I485 filing day. After that, you may leave, but only to a position similar to what I140 specify. You must notify INS of this change of intent.
If your I485 is approved, then being laid-off is not so bad, even if it happens a day afer approval. Then you are free to work at any position or claim unemployment benefits.
If A wants to lay you off before approval but after 180 days, you should be able to resign instead and file change of intent. Be careful if you plan to do this and consult a lawyer on how it should be done.