140/485 Question - Please Help

[masti25]

Hello all,

I have filed for 140/485 in the first week of sept. Based on current processing rate, i guess its going to take a long time for 140 approval. Unfortunately our co. is not doing well. I have a question, please help me.

File 140/485 from company A. Because of layoffs had to join company B on H1 before 6 months & before 140 approval. If company A agrees on not reporting to BCIS about layoff and agree on continuing my 140 & 485, can I at a later stage use my EAD & use AC21 to join another company (after 140 is approved and 485 is > 180 days)? Please help me answer this as my company might agree on continuing 140 & 485 if I am laid off (as a future employee). I hope this is possible as GC is future based.

Thanks in advance,
masti

 

[vcb]

Masti25,

I have same question and I posted a similar question in 485 forums under AC2i portability thread(AC21 with I140 pending
http://boards.immigrationportal.com/showthread.php?s=&threadid=101639 ). one person suggested me that if employer is willing to continue with out revoking I140 application everything will be fine. another scenario is if there is a RFE on I140 then employer should response to RFE with proper answer. as long as employer is co-operative, there is pretty good chance of using AC21 with out complications.

I also noticed there are some RFE's on I140 asking to produce recent pay stubs at the time of approval, in this scenario I am not sure how things work. here is the URL i found about switching jobs when applicant filed concurrent I140 & II485. In this posting attorney mentioned about I140 applicants or beneficiaries can change job using AC21.

http://www.hooyou.com/i140&i485/zbg_memo.htm

Guys, please share your ideas on issue. I think there are people who need clarification on this issue.

Thanks
VCB

 

[masti25]

Thanks for the information vcb!!! Good luck & lets hope for the best.

Originally posted by vcb
Masti25,

I have same question and I posted a similar question in 485 forums under AC2i portability thread(AC21 with I140 pending
http://boards.immigrationportal.com/showthread.php?s=&threadid=101639 ). one person suggested me that if employer is willing to continue with out revoking I140 application everything will be fine. another scenario is if there is a RFE on I140 then employer should response to RFE with proper answer. as long as employer is co-operative, there is pretty good chance of using AC21 with out complications.

I also noticed there are some RFE's on I140 asking to produce recent pay stubs at the time of approval, in this scenario I am not sure how things work. here is the URL i found about switching jobs when applicant filed concurrent I140 & II485. In this posting attorney mentioned about I140 applicants or beneficiaries can change job using AC21.

http://www.hooyou.com/i140&i485/zbg_memo.htm

Guys, please share your ideas on issue. I think there are people who need clarification on this issue.

Thanks
VCB