140 approved, and have EAD

S

studraghu

Registered Users (C)
Hi
I have 140 approved in Jan 2004, and my EAD in early FEb 2004, including advance parole approval. Now I am on a H1B, and my wife is in India (planning to come here in June). I have not used EAD yet since I have H1b validity untill 2006. Also my wife needs to get a H4 to come over and for me to add her to 485 processing

Untill what time can I add her to the process so that she can get a GC approved along with me? Would that be before giving finger prints?

Also My employer has not given me the approved 140 and so I am wondering If this typical for employers not to give 140. Also If I decide to use AC21 after August 2004 (when I complete 180 days of EAD and since my 140 is already Approved), can my employer revoke my 140 when If I leave in August?

Also If he does not give me the 140 approval upon separation, will that effect my 485 approval?
 
Add 180 days to the date when you applied 485. If that date has crossed, you are safe to use AC-21.

You should get your wife added ASAP. The earlier you add, lesser are the problems.

You do not need approved 140 from your employer. Find a new lawyer and fill G-28 form(authorization of representation). The new laywer will take care of issues then. Your new lawyer will request all documents from your old lawyer. And your old lawyer has to give all documents to him/her, failing to which he/she may be in trouble(your new lawyer can explain you details).

It seems your 180 days of filing 485 will be in Aug 2004 - your old employer cannot revoke 140. Inform USCIS as soon as you change your job, so that USCIS is aware that you have used AC-21. Old employer will not be able to create any problem. (If you do not do so - you may recv Intent of Denial from USCIS.)

There is no question why he will not give 140 approval to your new lawyer. Even otherwise I will suggest fill I-639 (FOIA form) and in related document - ask for 140 and underlying LC details for good measure. Since you are planning August 2004, it is good time to start on I-639(will take 3 months). You can get it from www.uscis.gov and you can fill it yourself.
 
Hi Jharkandi!
Thanks for the reply, If you have a chance, can you calrify on further questions to your responses below?

Hi Jharkhandi

Add 180 days to the date when you applied 485. If that date has crossed, you are safe to use AC-21.

--My Notice Date for 485 is 12/16/2003, but my 140 got approved on Jan 28 2004, so when would I finish 180 days, would that be from 12.16/2003 or from Jan 2004 when my 140 got approved or from feb when I got my EAD?


You should get your wife added ASAP. The earlier you add, lesser are the problems.

--Can I add her untill I go for finger printing, she is scheduled to come here in June, has to still get a H4 visa though.

You do not need approved 140 from your employer. Find a new lawyer and fill G-28 form(authorization of representation). The new laywer will take care of issues then. Your new lawyer will request all documents from your old lawyer. And your old lawyer has to give all documents to him/her, failing to which he/she may be in trouble(your new lawyer can explain you details).
--Would employers typicalle give these 140 approvals upon resignation? Are these employers propritary information? Are they not entitled to give tese over to employees?

It seems your 180 days of filing 485 will be in Aug 2004 - your old employer cannot revoke 140. Inform USCIS as soon as you change your job, so that USCIS is aware that you have used AC-21. Old employer will not be able to create any problem. (If you do not do so - you may recv Intent of Denial from USCIS.)

What happens if an RFE comes on 485 after I switch employers?


There is no question why he will not give 140 approval to your new lawyer. Even otherwise I will suggest fill I-639 (FOIA form) and in related document - ask for 140 and underlying LC details for good measure. Since you are planning August 2004, it is good time to start on I-639(will take 3 months). You can get it from www.uscis.gov and you can fill it yourself.

I could not locate 639 on uscis.gov, is this a standard form?

thanks
raghu
 
Notice date count will start from ND of 485 which is 12/16/2003 in your case.

Adding your wife in June is safe enough - given the speed 485 is being processed.

140 approval should be with your lawyer. It is mandatory for lawyer to hand it over to new lawyer, else complaint can be lodged against him/her. This complaint will create trouble for his/her entire career and if put in correct form(if number of such complaints has been filed against him/her) - can bar your lawyer from representing any case with USCIS. Read G-28 clearly - laywre has to state his/her position in this aspect too. Do you think he/she will ruin his career for your employer?

Even if RFE comes on 485 - your employer can't do anything. So it does not matter. Any RFE on 485 is to be answered by you and your lawyer and not your employer!

I-639 is a standard form. Here is the link:

http://uscis.gov/graphics/formsfee/forms/g-639.htm

You can use FOIA on white paper too - this form is not mandatory. However I will suggest use this form - it covers all the points - which you may miss otherwise.
 
Notice date count will start from ND of 485 which is 12/16/2003 in your case.

--So in other words my 180 days will expire in June (approxiamately around the 16th of June 2004), so it should not matter when my 140 got approved although it was not approved at the time of filing 485 and only got approved in January 2004.
Is that correct?


Adding your wife in June is safe enough - given the speed 485 is being processed.

140 approval should be with your lawyer. It is mandatory for lawyer to hand it over to new lawyer, else complaint can be lodged against him/her. This complaint will create trouble for his/her entire career and if put in correct form(if number of such complaints has been filed against him/her) - can bar your lawyer from representing any case with USCIS. Read G-28 clearly - laywre has to state his/her position in this aspect too. Do you think he/she will ruin his career for your employer?

--Well obviously, my employer is a large consulting company and this company is obviously using an attorney employed by them, so would he/she have any capability to deny passing this info?
Ans Would the company be able to in any way restrict this info, since I am not dirextly in touch with the lawyer and I have dealt only with HR in passing my immigration docs and other info.


Even if RFE comes on 485 - your employer can't do anything. So it does not matter. Any RFE on 485 is to be answered by you and your lawyer and not your employer!

--So RFE would be sent to me or my lawyer (who will represnt my case at that time) if there will be one with my case. Is that correct? What happens in the case of change of address? Will there be any effect by changing address after I move to a new employer in June or July If I do.
Obviously I have to inform USCIS about my change of employer.
--Also what about job, should it be in the same area/field or should it actually have the same title and salary as well? I am now an hourly employee with my company, can this rate go up and not effect my 485 or 140? (140 is already approved).
Please let me know any limitations on the new job offer that I can accept. (what if salary is less than current salary? what if it is more than current salary?)


I-639 is a standard form. Here is the link:

http://uscis.gov/graphics/formsfee/forms/g-639.htm
Does this form have to be filled by me and sent to the INS?

You can use FOIA on white paper too - this form is not mandatory. However I will suggest use this form - it covers all the points - which you may miss otherwise.



Report
 
Also what about my EAD, it is valid untill 02/17/05, and I did not start using it yet as I told you because I am wiating for my wife to come over here in June and then start using it in June. SO If switch jobs, what would happen to renewal of EAD if I dont get my 485 approved by the time EAD expires?

Also can you suggest a good lawyer whom I can use to transfer this case if I switch employers. Also does that new employer has to have a record of employing nonimmigrants previously?
 
Also, I wanted to find out what the salary difference could be between the old job and new job? I mean if salary goes up, is there a limit (also my employer has initially applied a H1B for me as a salaried employee in the LCA for H1B, but now he says he needs to apply an amendment since I am an hourly employee and not a salaried employee), so would it matter that this amendment has to go throug since I already have an EAD, but have not started using it, will use it in July though.

Also Is there a problem in chaning location of work? Actually I have got a scanned copy of my Labour for GC and it says in job requirements that employee needs to highly mobile (I am not sure if this means that being able to work in multiple locations).


Please let me know limitations on place of work, salary, and any other restrictions.

raghu
 
Too many questions! Just put your questions - do not cut paste my replies - it is annoying to read again and try to locate your questions.

For 180 days - you got my point. It will be in June 2004.

For lawyer - do you know name and address of your lawyer? You have to pass that info to your new lawyer. Even if you do not know that detail - if you know any of these: your DOL case number, SESA case number, 140 case number or EAD number - your new lawyer should be able to track your old lawyer. If you do not know any of these - give your name and employer's name to your new lawyer - he/she will help you in finding out your case details and lawyer's details.

You have to sign and give G-28. And old lawyer cannot deny info - please do not ask it again and again. If you belv me - well and good - else consult your new lawyer. I am replying due to your anxiety - please understand I am not comfortable writing same info three times in one day!

For change of address fill AR-11 and confirm change on telephone after 15 days.

For salary/area of work etc - try searching this site - more info is available than what can fit here. You may like to see AC-21 section too.

If you do not get 485 cleared and EAD expires - you will have to renew it in order to work in USA.

Changing location is not a problem - nor you need to be very mobile. Usually 20% salary difference is considered minor and mostly till 30% lawyers can easily defend. Again that varies from lawyer to lawyer and case to case.

You can fill and send I-639 yourself or ask someone else to fill that for you, if you cannot fill it.(I doubt if you went thru that form at all - these things are clear once you read that form).

PS : Put one or two questions at a time. It is easy for thread to flow then.
Make a search for your generic questions.
 
Last edited by a moderator:
First of all let me apologize for cutting and pasting your answers, I did that hoping that would help you, but anyway I will not do that.

1)Does EAD renewal have to be done by the employer who did my Labour and 140 or by myself or by the new employer?

(Also I got a labour substitution from my current employer and then used that for 140 and got 140 approved, so would that make any difference to this whole process of using AC21)?

2) I have Labour screenshot and I have a copy of the ETA form that I signed and sent to my employer, so should this be ok to get info about old lawyer, I also have 140 receipt notice and 485 receipt notice.

3) Should I send the change of address directly to the USCIS or through my old lawyer or just new lawyer?

4)As far as salary goes, I am not sure what salary thaey have used to file 140, would that whatever they used for H1? Because they filed my labour for H1 as a salaried employee when I am not and my earnings are very diffferent than the salary in the labour for H1b? So could you please advise on which salary the USCIS will be looking at? Also as per my employer, in the internal audit they found out that they filed H1 using a wrong labour as salaried employee and so would like to file an amendment, for this (I am not sure if they did this by mistake, I believe that they did it on purpose and now it takes a while to get the amaneded H1). Also do you know if premium processing is applicable to amendments for H1b?

raghu
 
Attempt to ease work load on Jharkhandi: :)


re 1).. Employee can file for EAD extension, it's a very simple form. However, if you want you can use new lawyer. Employer is not involved in this process.

re 2) Information you have should be sufficient to locate old lawyer.

re 3) Call the BCIS office, they have a 800 number. Also, fill and post the AR-11 form. Employer/Lawyer are not needed.

re 4) H-1B salary has nothing to do with your GC process. Only, the salary mentioned in the Labor (for green card), is relevant .
 
Thanks for replies vxmehra98. I would like to add points to his reply:

1. EAD and AP ae attached with your 485. 485 belongs solely to you. So employer is no way legally involved in getting this done for you. You can renew EAD and AP yourself or through a lawyer/employer's lawyer.
Substitute Labor is no problem.

2. By Labor screenshot if you mean the approval of LC - it should be good enough. ETA form submitted by you does not gives your salary details. The other part which was filled by your employer will be needed. You will have to use FOIA form for good measures. Your new lawyer will get all the details but about salary you need to know in advance, so that you can negotiate.

3. Read vxmehra98's reply.

4. Read vxmehra98's reply. I belv premium processing is done for every case - however I will suggest confirm with a lawyer.
 
studraghu,

There is no way to know thru CIS proactively if your employer tries to cancel ur 140. U only come to know when the 485 is rejected based on the 140 cancellation.

Abt ur second question, I have heard both answers that ur employer does comes to know/does not comes to know if you file for FOIA. It depends on ur luck.

I would suggest you stay low till ur 180 days mark passes by, and then try FOIA etc. Why take a chance after getting half way thru the GC journey.

goodluck!

-ab


Hi Guys
This is a reply from a different thread, I would like to ask you guys if there is any way to know that an employer is trying to cancel the 140 prior to the 180 days of 485 filing even though I am still working for them, in toehr words If there is any indication of leaving them after 180 days, would they able able to cancel the 140 approval before the 180 days so that I cannot use AC21 when I infact make that choice after 180 days of filing 485.

raghu
 
My current salary is not the same as on my Labour for GC that my employer used for my 140 (labour substitution). So would that matter when the USCIS tries to adjudicate my 485?

Also what happens when I try to use AC21 after 180 days of my 485 filing (since my 14 is already approved)
 
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