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