1-140 approved

I

immi_09

Registered Users (C)
Guys,
I always got lot of hope looking a this forum and reading people's approvals and worries, concerns! It's my turn to boost the morale!Hold on guys, good things are happening at VSC.Today my I-140 got approved.

YAAAAAAAAAAAAHhhhhhhhhhhhhhooooooooooooo!

I have a question. The employer that applied for my I-140 laid me off before I-140 aproval and before 180 days of applying 485. But they have the intention to hire me back in future. But now 9 months passed since I applied 485 and 140 approved yesterday.

Can I apply for AC -21 and shift my 485 to my current employer? The job is similar and salary is 1k less than mentioned in LC. Could this be a problem?

Also can I apply for H1B 7th year extension for current employer using previous company's 140 approval. (LC was applied for previous employer some time around 2002)) Also now do I need a 7th year H1B extnesion?
(I guess I 'll have to pay for AC21 as well as H1B 7th yr extn)
Also, if I take 7th yr extn now, if I have to change employer later for any reason, can the 7th yr extn time can be applied to new employer too? (asuuming I'll do AC21 again for this case!)


EB3 concurrent 140/485
RD : 8/15/03 (for both)

There is hope at the end of tunnel, after all! CHEERS
 
Last edited by a moderator:
sure there is light at end of the tunnel!!

congrats!.

I hope to see the light .....

I140 rfe response is going out this week. Hope to get through.
 
So your RD is n8/15/03 with EB3. Thats good ..because I am getting worried ..my RD is 8/25/03 and no news yet regarding 140 .
 
Hi,

I'm about to join a company which is processing my labor(future employment). Once the labor is approved, I will join the company. How long do I have to wait for applying the 140 & 485 after joining this company. Do I have to wait to submit the paystubs for few weeks? If I apply immediately without any paystubs, does it have any effect on the applications. Please let me know.

Thanks,
cooldude2k4.
 
Hi,
Anybody has any comments on what JOE has siad here that 'coz I got layed off before 180 days, (even though by now 180 days have passed and 140 approved) I could still have problem if I apply for AC21?

I'll appreciate your input.
 
I do not think so. Personally, I know a person who was laid off before his I140 / 485 / EAD was approved before 6 months, but later he got his EAD within 3 months, 140 approved in a year. Only thing is, his employer did not inform INS that he was laid off nor revoked /withdrawn his H1 / I140 / 485 / EAD. My friend, also spoke with an attorney, he was also suggested not to file AC-21 and suggested to file / provide with EVL if any RFE is raised. I am not sure, if he has submitted AC-21 or not.


Since in your case, 140 is approved and I assume, your company hasn't informed INS, I guess you will be fine. As JoeF suggested, speak with an attorney. May be your new company attorney can represent your case and they can take care it from there. Do not forget to submit G28 / FOIA to get all papers from your current employer related to your GC process.

Thanks,
 
Hi Joe,

I agree mostly with your point, but there is a loop hole. Even if INS finds about it or even Employer withdraw his "Approved" labor, INS will not DENY the case straight forward. Instead, they will send a "Notice of Intent to Deny" and you have a second chance to reply to it, saying you have so & so job matching ur LC/profile and submit EVL from the new employer. I have also read the same somewhere in 485 forums and even they have got their 485 approved. I will look for it and post the link, if i can find it.
Thanks,
 
immi_09 said:
Hi,
Anybody has any comments on what JOE has siad here that 'coz I got layed off before 180 days, (even though by now 180 days have passed and 140 approved) I could still have problem if I apply for AC21?

I'll appreciate your input.
Click to expand...
I agree with Kishore_l.

AC-21 law says:


A petition under subsection (a)(1)(D) [since re-designated section 204(a)(1)(F) of the
Act] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.

Now 180 days are over and your 140 is approved, 140 cannot be revoked unless it can be prooved to be a case of fraud! (as per Yates memo). So if you will get something from USCIS - it will be NOID. You got to keep a good lawyer for safe side. Not that it is tough to handle it but just that a professional will give you better advice.

Also since your employer is willing to get you back on board, it is not a fraud on your part, but an error on USCIS' part.

Check AC-21 section - people have reported lots of successful cases. Cheer up dude - you are on your way! :)
 
thanks jharkhandi

You keep my hope strong , alive and kicking! :)
It's people like you that helped me get thru the tough times. cheers
 
Best of Luck !!. I do agree with Jharkhandi and always he/she is very encouraging. I have seen multiple post from him/her. Also, I do not see JoeF as pessimistic, instead , I guess he means "Prepare for the worst and You will be always in a better Shape" . Lets us know, how it goes and keep us posted.

Best of Luck again.

Thanks,
 
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