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Topic: anyone whose 140/485 denied due to change of company before 180 days
Hi, All our seniors please respond if u have known any case like this.
I am in this situation, after two months of concurrently applying 140/485 got laidoff.
asked my new lawyer regarding informing uscis using ac21, he said to wait untill 140 is approved.
The old company will not withdraw the applications.
what is my risk?
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If the old company will not withdraw the 140 and will also respond to any RFE, then you have no problems at all.
Just find another job and continue.
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Hi, All our seniors please respond if u have known any case like this.
I am in this situation, after two months of concurrently applying 140/485 got laidoff.
asked my new lawyer regarding informing uscis using ac21, he said to wait untill 140 is approved.
The old company will not withdraw the applications.
what is my risk?
Q1.Who told u that u r eligible for AC21?
Q2.U need to complete 180 days with ur OLD employer to be able to use AC21.I am very sure about this.r u?
Q3.As per my understanding,u have only an approved LC with ur old employer and since u got laid off BEFORE 180 days,U have lost the entire GC process and will have to start from the beginning with a new PERM from scratch.So Have u checked with ur attorney about this issue?If ur attorney said,wait for I140 approval,then he is fooling u.
U have a chance that ur old employer could continue ur GC process based on ur commitment that u will work for them when u get ur GC.So u need to start a fresh GC process in case the old one gets denied for unknown reasons.
For all things said and done,UR AT VERY HIGH RISK FOR LOSING UR OLD GC PROCESS AND IF U USED UR EAD,U R AT RISK FOR LOSING UR H1B IF USCIS DENIES THIS APPLICATION DUE TO LACK OF AC21 APPLICABILITY.GOOD LUCK,CHECK WITH A BIG ATTORNEY LIKE SHUSTERMAN,KHANNA,MURTHY OR ANYOTHER FOR MORE CLARITY ABOUT THIS ISSUE.PAID CONSULTATION WITH ONE OF THE ABOVE WILL SAVE U 1000S OF DOLLARS AND ALSO GIVE U PEACE OF MIND.DO THIS ASAP.DO NOT LISTEN TO UR PRESENT ATTORNEY.SECOND OPINIONS FROM FORUMS WILL NOT SAVE UR GC PROCESS.WE CAN ONLY GUIDE U BUT THIS IS NOT A LEGAL OPINION AT ALL. |
sonekapinjra:
The person asking the question is having a though enough time. Why do you so bravely make so many inaccurate statements? Get your facts straight before giving advice, this is a serious forum.
Q1: Yes she needs to have 180 days completed from the receipt date of the I-485. But the best thing per Murthy is to wait until the I-140 is approved and an RFE is issued on the I-485, and then invoke AC-21. A job with duties similar to what is on the labor has to be found before the I-485 approval. Also the salary has to be similar (some say within 10%) of what is quoted on the labor.
Q3: Totally baseless. The process is not lost once the I-140 is pending and the Employers attorney who is representing the case responds to all RFE's issued. If this occurs the I-140 process would continue.
GCwait1 please go to the Gurus. Just go to the most talkative on trackitt and you will find serious analysis on AC21, and several persons just like your self.
GAwait also consider that it will cost the old employer some $1500.00 and a six (6) month wait to withdraw your case. Your lawyer is correct. Relax.
Regards
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Same opinion here. Sonekapinjra is completely wrong. The basis for an I140 application is for a FUTURE job offer. Actually, with an I140 pending alone (without H1B, F1-OPT or I485 AOS) the petition beneficiary can't even work for the employer. As long as they don't withdraw the application and respond to RFE you are OK
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my bad,I m sorry if I am wrong.I was not joking anyways.
I agree with what u r saying as I mentioned that all what I said is based on what I knew from Forums,google searchetc. that I have done myself.I am also trying to suggest what is the safest possible way to have a backup, incase of something going wrong anywhere in the path with the old employer till 140 is through and AC21 could be invoked.He can always port the PD if he can file PERM and 140 with a new employer,but not starting it depends on his H1B left over time and his own decisionmaking on this issue.I agree with the rules,AC21,ETC.BUT???
I personally have a feeling that the way USCIS is working now,I just feel GCwait1 needs to have the following things fall in place in a right manner to not have problems with his GC process.
1.Old employer's attorney needs to be on top of all RFEs.
2.USCIS should not issue an RFE to the old employer for the last 6 months of his old job paystubs.
3.Old company's financial strength and commitment for gcw case by the time he can get his I140 from the old employer to get approved[ and the 485 to become current being EB-3 from India which is immaterial if he invokes AC21].
4.Money factor being set aside,I agree with ur reassurance for GCwait,I might be too pessimistic in my approach,but I feel he still should have a second GC case started as soon as he can with another employer as a backup,so he can use that to port his PD if necessary.Being supportive is not one thing,being cautious is another.
5.new job as u mentioned must satisfy the OLD LC in description and pay which is also not a big deal but is an important thing to consider.
6.Satisfying USCIS that the I-140 was approvable when filed.
Again all this is my own view,I might be wrong but I have learnt a lot in the last 6-9 months from personal experience that USCIS cannot be taken for granted nowadays.
GURUS and my friends I did also mention in the my original posting that his GC process is safe if his current employer is willing to complete it but being laid off can give different meanings to different people,I got laid off before 180 days and MY old company shut down the branch that I used to work,getting laid off could be due to a million reasons and financial strength is one of them.Correct me if I am wrong.
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thanks for the help, all your points are correct, but the reason i did a post was to find people who are or were in same situation and to know what path they took.
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hi
interesting deabte ..........
but does somebody knows any cases in the past who got laid off with 140 pending and actually got 140 approved without being noticed by USCIS that actually he was not working with them
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hi
interesting deabte ..........
but does somebody knows any cases in the past who got laid off with 140 pending and actually got 140 approved without being noticed by USCIS that actually he was not working with them
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