I485 interview Please help GINNU/ UNITED NATIONS ASSUR

A

arm5262

Registered Users (C)
Guys:
Here is the situation. I have been asked to appear for an interview next week at the local USCIS office. My I 485 has been pending for 4 years now and stuck in Name Check. I140 is approved 3 years ago. The only complication in my case is that I changed the employer without invoking AC21 because I was laid off few days after I filed my I485 application. My previous employer never revoked my I140 and they did not have any such intention. Also, I have kept my H1 status alive and never used my EAD. I am on my 8th year H1 extension expiring in June 2008.
Now my attorney thinks that its coz of violation of AC21 that I have been asked to appear for the interview. She says that you may get denied based on this :(


Questions 1: Can they deny just because I was laid off and did not have the choice but to leave the employer?

Questions 2: Will my extended H-1 remain valid till its validity date and can I work till then.

Questions 3: Can I file for another GC application while on extended H1B ? If so will I have to start all over or will I just file a new I485 application since I140 is already approved sponsored by the previous employer.

Thanks guys for any help.

EB2 priority date March 2002
I140 filed on sept 10, 2003, approved on Aug 2004
I 485 filed on 20 Feb 2004, laid off next week. No RFE's ever. fingerprinted twice.
 
arm5262 said:
Guys:
Here is the situation. I have been asked to appear for an interview next week at the local USCIS office. My I 485 has been pending for 4 years now and stuck in Name Check. I140 is approved 3 years ago. The only complication in my case is that I changed the employer without invoking AC21 because I was laid off few days after I filed my I485 application. My previous employer never revoked my I140 and they did not have any such intention. Also, I have kept my H1 status alive and never used my EAD. I am on my 8th year H1 extension expiring in June 2008.
Now my attorney thinks that its coz of violation of AC21 that I have been asked to appear for the interview. She says that you may get denied based on this :(


Questions 1: Can they deny just because I was laid off and did not have the choice but to leave the employer?
Yes if you can not provide good intent of the GC. Get a letter that you will be rehired on the the job with the petitioner (employer) after getting your GC. REMEBER: GC is for future employment.
Questions 2: Will my extended H-1 remain valid till its validity date and can I work till then.
Yes
Questions 3: Can I file for another GC application while on extended H1B ? If so will I have to start all over or will I just file a new I485 application since I140 is already approved sponsored by the previous employer.
Yes, and you can avail your PD.
Thanks guys for any help.

EB2 priority date March 2002
I140 filed on sept 10, 2003, approved on Aug 2004
I 485 filed on 20 Feb 2004, laid off next week. No RFE's ever. fingerprinted twice.
Click to expand...
In my case (I have been interviewed in NJ), the DAO (interviewer) asked for proof of employment, tax (2006), W2 (2006) which I provided. The interviewer was interested to know the current status and not about employment with petitioner (employment). She did not ask about AC21 I did not say anything (as advised by my lawyer). One again, GC is for the future employment. A good intent letter from petitioner employer will definitely help.
Again, please do not hesitate to contact your employer, attorney. As I know that not invoking AC21, may create complication at the time of citizenship.
Goodluck.
 
interviewed today`

Just an update for anyone who might be interested, had the itnerview today. The officer went through the file, asked for EVL, copy of latest H1b, copy of marriage certificate, new born baby's birth certificate. I did not have the copies so she said that she will send me a letter (RFE?) and I will have to mail it to her.
Luckily , she did not ask me why I left the petetioner.how ever she did ask how long I worked for them, and if I have a letter satating my employment dates with the petitioner. I did not have that letter so I have to get one and send it along with other papers. Hopefully, they will not make an issue of me leaving the employer before 180 days. ;)
 
Why don't you file another I-140 using your current employer just in case they deny your I-485?
 
arm5262 said:
Just an update for anyone who might be interested, had the itnerview today. The officer went through the file, asked for EVL, copy of latest H1b, copy of marriage certificate, new born baby's birth certificate. I did not have the copies so she said that she will send me a letter (RFE?) and I will have to mail it to her.
Luckily , she did not ask me why I left the petetioner.how ever she did ask how long I worked for them, and if I have a letter satating my employment dates with the petitioner. I did not have that letter so I have to get one and send it along with other papers. Hopefully, they will not make an issue of me leaving the employer before 180 days. ;)
Click to expand...
Goodluck.
 
lazycis said:
Why don't you file another I-140 using your current employer just in case they deny your I-485?
Click to expand...

Is it possible? I140 from a different employer and Labour from a different one?
or are you suggesting to file a fresh GC application starting from PERM?
 
You must log in or register to reply here.
Top