Legal Question in Immigration Law in California

Re: I have filed I-485 on student Visa thru an employer, Should I start working

How were you able to qualify for an adjustment of status from an F-1 visa? If this is the case, then you don't have to work for the same employer, but the new job should be in the same or similar occupation.

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Re: I have filed I-485 on student Visa thru an employer, Should I start working

As the other attorneys stated, the information you provided regarding the basis of your adjustment of status application seems incomplete.

If your adjustment was based on an approved labor certification and I-140 petition, the law does provide a means of changing employers. Under the law, if an individual's adjustment application "has been filed and remained unadjudicated for 180 days or more," the I-140 petition and labor certification will remain valid "with respect to a new job if the individual changes jobs or employers [and] if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

This is a fairly new law and the BCIS has not yet issued regulations. Even with this development, you may have some very serious issues to deal with. First, the fact that you have been in F-1 status raises the issue of whether you had authorization to work for your employer. Of course, F-1 student may work, but your history with your employer must be very clearly laid out, so that you can show that the parameters of your work authorization as a student were not violated.

Another issue is that if you change employers, you may have to deal with the issue of whether you had intent to work for your petitioning employer. Although this requirement seems to have lost some of its edge with the new adjustment of status "portability," the fact that you were working for your employer as a student and are on unpaid leave now would look suspicious if you change jobs.

In other words, you should probably discuss this case in more detail with an attorney. The issues you have presented seem fairly complex, and would need to be analyzed more carefully before any attorney could provide proper advice.

Re: I have filed I-485 on student Visa thru an employer, Should I start working

Like the previous replies, I'm a little puzzled at the basis on which you're applying for adjustment of status. The company must have been filing a labor certification for you and got the I-140 approved for you before Dec. 2001. If that's the case, well done.

A work permit entitles you to work for anyone. That is true as a previous reply states. Still, you must be careful because if you don't work for the petitioner when it's time for the adjustment interview, the BCIS will doubt your intention. The officer will definitely want to see paystubs of where you've been working. I've had cases approved in the past where the employee wasn't working for the petitioner but said that he would once the adjustment (permanent residency) is approved. However, the BCIS has been definitely getting tougher. Bottom line: your adjustment case will be very difficult if you're not working for the petitioner at the time of the interview.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established.

Re: I have filed I-485 on student Visa thru an employer, Should I start working

There is no rule that ever states you must work for a specific employer (regardless of your status)...that would amount to slavery.

However, there are conditions to your stay, which I suppose you are complying with (in terms of your status under F1).

To better understand your situation, however, I would need to know more facts about how your are applying for permanent residency.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.