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| anyone whose 140/485 denied due to change of company before 180 days |
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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.
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