I485 interview....Please help answer the questions: ginnu/assur/united_nations/real_c

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.
 
The good part is that you maintained H-1B throughout ... and the bad part is the violation of AC21 portability criteria. Yes you have to start over again ... would have been better had you started over during the job change.

1. Not very hopeful ...
2. Yes.
3. Start over again. Once I-485 is denied, that GC trail is closed.
 
manwithnoname said:
2. Yes.
Click to expand...
Not true. H1B extension beyond 6th year is based on pending Labor/I-140/I-485. If underlying cause justifying H1B extension is denied then H1B would become INVALID too.

Note that GC is for future job. best hope is to get letter from initial employer that they may employ you. But it should be honest intent to hire you in future...
 
In case I was insufficiently clear with my earlier post, the I-485 is quite approvable and probably will be approved at interview. It's not much different from my own situation.
 
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?

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.
Click to expand...


It should not be a problem.

Just provide the current employment letter. Do not write start date on the employment letter. Do not talk about the previous job unless it is asked. If they ask tell them the layoff was temporary and wanted to take you back later.


Basic line you got to remember is Green card is for future and intention of both you and your employer (sponsor) were never changed.
 
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Arm5262, please keep us posted on how it goes in the USCIS interview. I dont see any rule being broken except one : You moved before 6 months of 485 filing (and also did not file AC21 after to cover your base). Many people suggest not to file AC21, but in your case since it was prior to 180 days, I would have suggested it. (just my OWN opinion). I would stick to Number30's response in the previous thread. Good luck !!
 
Thanks guys for your replies.
My attorney also suggested that I keep the employment veification letter very brief and do not mention my start date. I am not sure if I was even in the position to use the AC21. Infact I was not even eligible for that since I left within a week of filing I485.
This Name check is another curse. I'll complete 4 years stuck in name check in Feb!!
 
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