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ghost-rider, There is no regulation regarding whether employer can revoke I-140 after 180 days. However, if you read this thread carefully, you can find a link to case that INS approved a denied case when I-140 is revoked by INS after 180 days (the employer actually requested the...

ravan123, Since your cousin still can get paid for a decent salary as of now, she should be okay as far as handling RFE/interview is concerned. The only problem is the I-140 revocation. My feeling is that it does not depend on when INS invalidate your I-485 but when INS revoke your...

My understanding is the same as hbt The key is "similar" job and not become a "public charge" Enjoy your new job!

Gcard2003, Sorry to hear about the incompetencies of your lawyer. Apparently, he/she took the word "Concurrent" too literally. If he/she did read the 485 Processing Doc, he/she should know that "Concurrent" means only you can file 485 without waiting for 140 approval...

It is not that you are screwed because you filed concurrently. You are screwed because you get laid-off before I-140 is approved. In fact, you will be in worse shape if you filed separately because you may never have a chance to file I-485 at all. Now at least you can pray that there won't be...

ravan123, I heard of cases that people got laid-off < 180 days with employment RFE and got approved because they got a new job. In your cousin's case, the key is to have a similar paying job (not sure if she is getting paid as a consultant now?) at the time of RFE/interview. Also, try...

ravan123, The future job being unavailable after 2 months of I-485 has nothing to do with the intent. The intent was established AT the time of filing. She has been working for the client for quite a while before filing of I-485. I think that will be enough evidence to show the intent...

Thanks Jim for his professional advice! :)

Are we on the dole when we file for UI extension after the initial 26 weeks of UI is exhausted? I heard that those extension money are not from the state UI fund but from the federal government.

ravan123, Your cousin's case isn't exactly the same as in case C. Your cousin did work your sponsor even though she was not employed directly by her sponsor at any time. My suggestion is for her to go ahead with the procedure. If she does get RFE/interview, then try to get some sort of...

As far as GC is concerned, you are sure to get it without problem. Your problem is more like a labor problem. If you work in an at-will state like CA, I don't think there is anyway your employer can stop you from joining any employer even though your contract had a clause to penalize you from...

Re: Thanks But !!! 2) I-140 approved without RFE then I-485 with RFE/interview => need a new job, if no job, you are game over, otherwise congrats! If I am able to get a new job then does AC 21 allow me to switch jobs if I am laid off. Could I still get denied because I filed concurrently...

Re: hbt2002 & Jaxen It is not ok to have no job at the time of RFE/interview. According to AC21, INS can deny you based on the fact that you are a public charge.

Change your lawyers by filing a new G-28. By law, all files have to be transferred to your new lawyer. Good luck!

Here are some possible scenarios: 1) I-140 approved without RFE then I-485 approved without RFE => Congrats! 2) I-140 approved without RFE then I-485 with RFE/interview => need a new job, if no job, you are game over, otherwise congrats! 3) I-140 with RFE => Game over! :( Status answer...

Notice that GC is for a future job. You need to prove an intent to work for your I-140 sponsor AFTER I-485 is approved AT the time you file I-485. Therefore it is NOT mandatory for you to work for your sponsor at all (although 99% cases do) throughout the GC process. So case C can be ok if...

Re: Yee Man Chan Case C can be denied if you inform INS the job change before 180 days and they immediately adjucate your case based on this piece of information. Other than that it probably will be ok. Personally I never heard of cases like that, so it is hard to tell what INS will do.

The truth is every time I asked my lawyer for LC/I-140, he always says they are my company's property. He says I need to ask my boss for permission to obtain those documents. It seems to me the only way to obtain them is to find another lawyer. I know that by law, your old lawyer has to...

Re: ac21 I think your lawyer is just too conservative. Even if what he says is true, people should just do what is the best choice for them. I don't think INS can revoke case A because AC21 says you SHOULD inform INS instead of you MUST. Case B or C may cause trouble in the...

The case won't be transferred just because you started working elsewhere. INS has to know it. Either you tell them or you respond to an RFE saying you moved. I don't think using your own company will work in the case of RFE. You need to show that your company has the financial strength to...