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Go Back   ImmigrationPortal Forums > Immigrant Visas (Green Cards) > I-485 Issues > I-485 Issues Common to All Services Centers > I-485 Portability (AC21)

I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 21st October 2008, 09:24 AM
samasya samasya is offline
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Join Date: Aug 2003
Posts: 26
Unhappy Please help... :(

Hi Gurus,

I am planning to change my job from crt employer to another. My questions are :-

1. How will I know G-28 is filed by current company lawyer?

2. Can we override by invoking G-28 by ourself?

3. My salary with new employer will be less compared to the crt employer, but with same job title and description. Will it be a problem having less salary?

4. My 485 is pending for more than 180 days. So my quesion is if current employer revokes approved 140, what are my options to move forward with 485?

Please help ...
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  #2  
Old 21st October 2008, 02:50 PM
susi_babu susi_babu is offline
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Join Date: Jul 2006
Posts: 27
Hi ginnu,
I know you will answer the above questions. In addition to the above q's i request you to answer this too.

Employers cannot revoke I-140 after 180 days of 485 filings - This was almost known to every viewers in this site. My question is, Can the employer revoke the (PERM)labor at any point of time before the I-485 get adjucate just for a reason say simply because the employee left them.
This has happened to one of my friend recently. I don't know how true is that just thought of asking your comments.

Thanks
Susi
__________________

Country: India
PD: 10/2006 (EB3)
I-140 RD - 02/15/2007 ND - 02/19/2007 LUD's 8/2, 8/5 <b>AD</b> 8/2/2007
Center - TSC, Approved
I-485 - NSC
Send Date - 07/26/2007, RD - 08/13/2007


The above Quotes are only my suggestions and understanding of the existing rules or Conversations. Please take your decision after consulting with an experienced lawyer.
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  #3  
Old 21st October 2008, 05:29 PM
ginnu ginnu is offline
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Join Date: Nov 2002
Posts: 13,474
Quote:
Originally Posted by samasya View Post
Hi Gurus,

I am planning to change my job from crt employer to another. My questions are :-

1. How will I know G-28 is filed by current company lawyer?
----------------if your I-485 or EAD or AP was filed by Lawyer then lawyer sent G28 and you also sign the G28
2. Can we override by invoking G-28 by ourself?
------------------ Yes, You can write a letter to USCIS with your Name, A#, DOB, I-485 filing receipt # and address on cover letter and can make a request to USCIS to revoke the Form G28 filed by lawyer XYZ as XYZ no more represent you for your I-485 or other pending petitions and any future communication should be sent to you directly on your address… Sign the letter with date and send it with certified return receipt to service center where I-485 is pending. Out side the envelope write in big bold letters: request to revoke form G28 filed by attorney with pending I-485. Keep the copy of letter with you that you send to USCIS.
3. My salary with new employer will be less compared to the crt employer, but with same job title and description. Will it be a problem having less salary?
----------------USCIS care about Same/similar job duties
4. My 485 is pending for more than 180 days. So my quesion is if current employer revokes approved 140, what are my options to move forward with 485?
------------------If I-140 is approved you are OK even if the employer revoke the I-140. once join new employer invoke AC21 or take the help of new company lawyer to send AC21 request to USCIS
Please help ...
-----------
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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  #4  
Old 21st October 2008, 05:39 PM
ginnu ginnu is offline
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Join Date: Nov 2002
Posts: 13,474
Quote:
Originally Posted by susi_babu View Post
Hi ginnu,
I know you will answer the above questions. In addition to the above q's i request you to answer this too.

Employers cannot revoke I-140 after 180 days of 485 filings
----------------Employers CAN revoke I-140 any time but if I-140 is approved and I-485 is pending more than 180 days that makes you eligible for AC21.

- This was almost known to every viewers in this site.
My question is, Can the employer revoke the (PERM)labor at any point of time before the I-485 get adjucate just for a reason say simply because the employee left them.
-------------------I-140 approval is based on approved LC. once I-140 is approved and one is eligible for AC21. revoking LC after I-140 approval will have no meaning . Employers were revoking I-140 when they could use LC for other person when LC substitution was allowed.Now Revoking LC mean that employer did not had the job and employer may create problems from DOL in future.
This has happened to one of my friend recently.

I don't know how true is that just thought of asking your comments.

Thanks
Susi
--------------------
__________________
Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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