URGENT..GINNU..REALCANADIAN..looking for your response

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StressTestInUSA

Registered Users (C)
Ginnu.. RealCanadian..

We have 2 issues to file our 485 this month.If you can post your thoughts or come across any such case,pls share here as it is very crucial to us.


Ex employer filed labor with Construction/CivilEngr/AutoCAD skills..even the i140 is approved.
Presently not working with that company.
Currently working with an IT based company, H1 was filed in i129 as 'business analyst' and working now currently in CAD designing.

the 2 issues killing us is

1. The LC and i140 is based on Civil/Constr job skills. But now the current H1 job description according to INS is 'business analyst'...the LC skills and current H1 job description dont tally..

In the G-325A form should the 'occupation' in the employment history match with the job title in the H1-i129..?

2. Filing the 485 with the ex-employer without joining them now..? have you seen or come across these cases..?

please let us know...

what we think is if it is okay to file 485, after 180 days move to a job similar in the LC..I think even to buy time for 180 days file the 485 without a birth certificate so we get an RFE..

this is really getting stressful...!!
 
LC is based in future job. If you can get letter of offer from ex-employer, you can file i-485 and if is pending more than 180 days, then you can ac21 given that the new job is the same as old job.
I dont know about the h1 and lc matchin, maybe gurus would help with that.
 
StressTestInUSA said:
Ginnu.. RealCanadian..

We have 2 issues to file our 485 this month.If you can post your thoughts or come across any such case,pls share here as it is very crucial to us.


Ex employer filed labor with Construction/CivilEngr/AutoCAD skills..even the i140 is approved.
Presently not working with that company.
-----not a problem as GC is for future job
Currently working with an IT based company, H1 was filed in i129 as 'business analyst' and working now currently in CAD designing.
-------------------file the I-485 with job offer letter of ex-employer+copy of I-140 approval
the 2 issues killing us is

1. The LC and i140 is based on Civil/Constr job skills.
------that is OK
But now the current H1 job description according to INS is 'business analyst'...the LC skills and current H1 job description dont tally..
---------------H1 is different Petition and I-485, I-140 are different petitions
In the G-325A form should the 'occupation' in the employment history match with the job title in the H1-i129..?
--------------not a must G-325A is for security or background check only
2. Filing the 485 with the ex-employer without joining them now..? have you seen or come across these cases..?
-----------------------file the I-485 with employer job offer letter
please let us know...

what we think is if it is okay to file 485, after 180 days move to a job similar in the LC..I think even to buy time for 180 days file the 485 without a birth certificate so we get an RFE..
---------------------- you can do that but why to get RFE, GC is for future job after I-485 approval
this is really getting stressful...!!
Click to expand...
-----------------
 
thanks Ginnu..

the usual/normal case is people work for the GC sponsoring employer..file 485..wait for 180 days and then use AC21 and change jobs to a similar occupation.

But in our case it is the other way round...he will be working in an IT kind of a job for 1 yr (from Feb 07- dec 07..by then 180 days r done) file 485 and after 180 days change to a LC based similar job... is that okay...?

why I am asking so many times is..as we will be filing for EAD and I(wife) want to work(desperately). So once we use the EAD, the H1/H4 is not valid. This is our 9th yr of H1 and tired all of this BS to be honest..

I am sending an email tomorrow to my attorney in NY..I will update here as to what I hear from his mouth so everyone can benefit...


Also..have seen any live cases of 485 approvals not working with the GC sponsoring ex-employer..? this will give us some courage..
 
Last edited by a moderator:
Stress test in USA I am in the same situation, but given that
-your exemployer will provide you with a letter of offer when filing i-485
-your exemployer wont revoke the i-140
you should be able to invoke ac21.
In my case, I asked the same question to my lawyer because I did work for 4 years with exemployer and they offer continue my gc process, I started working with new employer and I asked the exact same question to my lawyer and she told me "As long as you i-140 is approved and your i-485 has been pending for more than 180 days YOU ARE OK"
Now, if something happens before that can you join your exemployer until you solve everithing? (my plan B). Otherwise if my i-485 is pending for more than 180 days (which according to my lawyer is most likely) I will switch to my new employer
Basically, as I understand it, it does not really matter who you worked before AOS, what matters is who you will work for AFTER AOS.
 
Another thing she mentioned is that one of the criteria to decide if the offer of employment is bona fide is if YOU worked for them before....and you did, so if 180 days past and no approval, I believe you should invoke ac21 and you should be ok, but you know ginnu is wiser than TECHBUYER77 so I hoepe Ginnu comes and clarify the ac21 deal
Best wishes!
 
Hi Ginnu RealCanadian..

We filed our i140 on Jan 24th recieved dt, notice date Jan 25th,it is approved also on May 30th.

Now if we need to change a job using AC21 according to the skills mentioned in the labor,do we need to file a new H1 with the new prospective employer..? in simpler words if the i140 filed for 180days(filed by ex employer) and current working job is not at all related to the LC duties and we need to change to a LC specified job..how do we go about it..? is it invoking the AC21 and sending a letter to INS that we will be working with the same LC skills and new employer..?

To invoke AC21 should the i140 be 'pending' with INS..in our case it has been approved..?

We met out attorney today ..he told us to bring a current employment letter stating the job duties matching exactly the LC duties. We told him that the current job duties or the salary does not match the LC..he was just not ready for that(i think he thinks it is not a safe route)..and finally said to bring a letter from any other employer with the same job skills and salary and that we will join him when we get the GC..what does he mean by that...??

The ex-employer who filed the LC and i140 already gave an employment offer letter.

please share your thoughts...We dont want to mess up at this stage...is this step okay...any possible problems ahead..?
 
StressTestInUSA said:
Now if we need to change a job using AC21 according to the skills mentioned in the labor,do we need to file a new H1 with the new prospective employer..?
Click to expand...

No, you need to be legally employed by the new employer, using an H-1, an EAD or some other status that provides work authorization.

current working job is not at all related to the LC duties and we need to change to a LC specified job..how do we go about it..?
Click to expand...

You start working at the new job, and optionally inform USCIS.

To invoke AC21 should the i140 be 'pending' with INS..in our case it has been approved..?
Click to expand...

The I-485 needs to be pending for 180 days or more.

The ex-employer who filed the LC and i140 already gave an employment offer letter.
Click to expand...

If you intend to work for said employer, then include that letter with your I-485. It's the only employer letter you can include with the I485.
 
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