Please find below another installment in our popular regular series of frequently asked questions about immigration law. Although most of these questions have come from real clients of Spar & Bernstein, we have also included questions from other resources for your benefit. Please note that the answers here are to be used for guideline purposes only, as the questions are specific to a particular case and may not necessarily be the best advice for YOUR situation.
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Question: I am thinking about changing my job. My problem is that my current employer petitioned my green card four years ago, and I have not received my card yet. My visa petition has been approved and my adjustment has been pending for more than 1 year. Is it possible to change my employer without jeopardizing my application for Lawful Permanent Residency?
Answer: If the Form I-140 (immigrant petition) has been approved and the form I-485 (adjustment of status) has been filed and remained un-adjudicated for 180 days or more, the approved Form I-140 will remain valid even if you change jobs or employers as long as the new offer of employment is in the same or similar occupation. So, yes you can change jobs, but you must still work in the same position with a new employer and your new employer would have to be willing to complete your case on your behalf. In order to complete your adjustment of status, your new employer will have to provide a job letter and tax returns to show they can afford and are willing to pay the offered salary from your initial labor certification upon receipt of your green card.
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Question: I was approved for my OPT on February 2008 for a duration of one year. At that time, I was allowed to stay in the U.S. for one year while looking for job. On April, 2008, a new regulation came according to which a student on OPT cannot stay in US without job for more than 90 days. I was not aware of this rule until end of September 2008. Now I have applied for dependent visa. My worry is that unknowingly I stayed for around 6 month without job when I was actually allowed for only three month. I am worried that is this mistake going to affect my new visa approval? Is there any way I can explain USCIS that it happened because I was not informed about this rule and I did not come across it.
Answer: Your best bet is to get your dependent visa stamp from a consulate as soon as possible. That should take care of any potential future problems.
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Question: If we apply for a H1-B extension for another year (I believe we can apply six months before the expiry of the current 7th year H1-B) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?
Answer: Yes. You are safe. Under current practice, CIS does not take away extensions already given.
