I-485 Conundrum

[Bleacherseat]

My little off-the-routine case:

My current employer sponsored my green card in EB2 India preference. They did my PERM, I-140 and I-485 even before I joined them. My plan was to start working for them after I got my green-card (I was able to capture an earlier -- 2005-- priority date from a prior EB3 I-140 with my previous employer).

When the dates retrogressed in October 2012, my plan was in the water. So I just decided to join this new company who now is my employer since September 2012. By the time I joined them which was September 2012, my I-140 with them was approved and my I-485 based on EB2- I140 was pending for more than 180 days.

In the 4-5 months I have been with my current employer I am finding the work here is not to my liking for lack of better word. And in a weird sense I became AC-21 portable even before I joined them purely from a 180 days time frame point of view.

Now if I leave, can my EB-2 based green card process get in trouble ?

Please share your thoughts and please no negative comments. I fully understand my current employer has done me a huge favor and I am indebted to them. My first preference is obviously to stick it out and hope for better opportunities here but if that doesn't happen I need to re-evaluate.

Thanks for your time.

[pontevecchio]

Let me put it this way. You are eligible to use AC21 provisions. Your chances of getting into trouble would be minimized if you realize that you need to keep a lawyer on board till the GC is on hand. If the lawyer is involved at the outset he will be able to sort out queries and head them off before they bite. It's your life. You can change employers if you want. The field needs to be roughly the same.

[Bleacherseat]

pontevecchio. Thank you.

allow me to ask a follow up question:

Since intent (on part of employer: to employ a foreign worker / on part of foreign worker: to work for the sponsoring employer ) plays such an important role in the employment based green card process. If I leave, could my intent to work for this particular employer be questioned (I have been here only for few months) which could subsequently impact my green card process.

Disclaimer: My intent to work for this employer was earnest before I joined them. I am still sincere about being employed here. I just need to get the right opportunities.

[Belle]

All you need to show is intent to work for your sponsor when your filed I-485. Since you joined them on a later date, I don't think there are serious reasons to question your intent. Now, you changed your intent - and that's what AC21 is for. So, I see no issues here.

[sanath_UK]

At the end of all this, you end up coming to US more to learn about immigration rather than the actual cause (dollar dream)..!

[Belle]

At the end of all this, you end up coming to US more to learn about immigration rather than the actual cause (dollar dream)..!

That would be true of many people here. It's good for your brain (or at least, that's what I keep telling myself).