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140 approved: laid off
- Thread starter maalide
- Start date
tryinghard
Registered Users (C)
Try getting another project and ask previous employer to proceed with ur I485
ins_waiter
Registered Users (C)
No Title
since you have an approved I140 you atleat lock on to your priority date, which is actually irrelevant since all categories are current.
since you have an approved I140 you atleat lock on to your priority date, which is actually irrelevant since all categories are current.
ZipZapZoom
Registered Users (C)
possible if new labor filed with B
hi maalide:
I think it it possible to file 485 with Company B provided you have a Labor also filed with Company B (probably you don\'t). You could file a labor through Company B, and once that gets approved, you could file 485 with Company B on the first priority date. Though you will almost go through the process over again, you will be able to maintain your priority date - thats an advantage.
PLEASE CHECK WITH YOUR ATTORNEY, THOUGH.
hi maalide:
I think it it possible to file 485 with Company B provided you have a Labor also filed with Company B (probably you don\'t). You could file a labor through Company B, and once that gets approved, you could file 485 with Company B on the first priority date. Though you will almost go through the process over again, you will be able to maintain your priority date - thats an advantage.
PLEASE CHECK WITH YOUR ATTORNEY, THOUGH.
David_2000
Registered Users (C)
how about this?
1. I140 approved.
2. Got the employment letter
3. Filed 485
4. then had layoff before the 6-month limition reached
Is this going to be a problem?
1. I140 approved.
2. Got the employment letter
3. Filed 485
4. then had layoff before the 6-month limition reached
Is this going to be a problem?
Possibly ok
CSC seems to say that the person must work for the sponsor for the entire 6 month period to use AC21 portability. The other service centers are more liberal. When the actual regulations come out, if they ever do, all service centers will use the same standard. I\'m just not 100% positive what that standard will be. If you want opinions that say you have nothing to worry about see http://www.murthy.com/ but if you want opinions that say you may have to worry see http://www.usvisanews.com/. Both Sheela Murthy and Jose Latour are competent, experienced, immigration attorneys but one is going to be wrong here.
In your case, I\'d assume that Sheela Murthy was correct since you have no choice, but I\'d also take steps and decide what you will do if the I-485 is denied.
Jim
CSC seems to say that the person must work for the sponsor for the entire 6 month period to use AC21 portability. The other service centers are more liberal. When the actual regulations come out, if they ever do, all service centers will use the same standard. I\'m just not 100% positive what that standard will be. If you want opinions that say you have nothing to worry about see http://www.murthy.com/ but if you want opinions that say you may have to worry see http://www.usvisanews.com/. Both Sheela Murthy and Jose Latour are competent, experienced, immigration attorneys but one is going to be wrong here.
In your case, I\'d assume that Sheela Murthy was correct since you have no choice, but I\'d also take steps and decide what you will do if the I-485 is denied.
Jim
No Title
The only way you can use a I-140 approved with company A to file I-485 with another company B is if company B is a renamed/merger component of company A or a successor of interest for company A\'s assets which the employee is a part of. Even in that case, I-140 has to be amended, but I-485 can be simultaneously go on..
good luck
The only way you can use a I-140 approved with company A to file I-485 with another company B is if company B is a renamed/merger component of company A or a successor of interest for company A\'s assets which the employee is a part of. Even in that case, I-140 has to be amended, but I-485 can be simultaneously go on..
good luck
Chris Parks
Registered Users (C)
What is the odds
I posted question somewhere else. Would you please set guidelines, i.e., cases denied, or approved. What level os support from previous employer is enough to get approval on I-485; just job offer, and/or pay stubs ?
Thanks a lot
I posted question somewhere else. Would you please set guidelines, i.e., cases denied, or approved. What level os support from previous employer is enough to get approval on I-485; just job offer, and/or pay stubs ?
Thanks a lot
Chris Parks
Registered Users (C)
Is there anybody successful at CSC center
Would you please let me know is there anybody successful not working full 6 months after I-485 filing, and get approval in I-485.
Thanks
Would you please let me know is there anybody successful not working full 6 months after I-485 filing, and get approval in I-485.
Thanks
bharat2000
Registered Users (C)
You have to start over, BUT you could use priority date
You could use your priority date when you file your new GC. ask your lawyer for details.
You could use your priority date when you file your new GC. ask your lawyer for details.
can one not apply the "Future job" criteria
if the company is able to give letters and support during the process saying that the position/ title still exists and they intend to hire you for that position after the GC approval?
will this not work?
you may get a RFE but if you have good relations with the company, convince to get all support / letters etc to support that u would infact be working for them and in case u go for an interview... they may check to see if you have already started work for the company.. in which case u should be on their pay rolls ( at least a month before the interview and during the interview)
just my thoughts. consult ur attorney...and proceed
if the company is able to give letters and support during the process saying that the position/ title still exists and they intend to hire you for that position after the GC approval?
will this not work?
you may get a RFE but if you have good relations with the company, convince to get all support / letters etc to support that u would infact be working for them and in case u go for an interview... they may check to see if you have already started work for the company.. in which case u should be on their pay rolls ( at least a month before the interview and during the interview)
just my thoughts. consult ur attorney...and proceed
Chris Parks
Registered Users (C)
Thanks synder, but one more
I talked to my attorney, what he said was he would file based on current employer, but not previous employer sponsored the original I-140. He said addig, it would not be easy, but he will try. Do you think it is possible ? He might be interested in the partial money I agreed to pay on approval I-140, which I don\'t paid yet. I don\'t think he is not that kind of guy.
Thanks in advance
I talked to my attorney, what he said was he would file based on current employer, but not previous employer sponsored the original I-140. He said addig, it would not be easy, but he will try. Do you think it is possible ? He might be interested in the partial money I agreed to pay on approval I-140, which I don\'t paid yet. I don\'t think he is not that kind of guy.
Thanks in advance
I don\'t think it\'s possible Chris. You need to start all over.
But don\'t take my word for it. Here are opinions from other immigration attorneys:
Sheela Murthy:
Question 7. Is it permissible to change companies after being approved for I-140? Are there any concerns that one should be aware of while doing this? TOP
It is always permissible for a person to change companies after being approved for the I-140. The catch is that the person may have to start labor certification over from the beginning and go through the I-140 again, but may be able to retain the earlier priority date from the first company. If the I-140 is based on a national interest waiver, on a self-petitioning basis, switching employers may not affect the Green Card process at all if within the same field of expertise.
Question 8. Is it possible to change employer after you get your labor certification and still continue the GC process with same priority date? TOP
One can use the earlier priority date only if the immigrant petition (I-140) with the previous company has been approved. However, the person has to start the entire process over from the beginning and go through labor certification and immigrant petition once again with a new employer.
Question 9. Is Labor, I-140 etc. valid only for one employer? Does a change of employer make the above approvals void? TOP
The labor certification and the I-140 is only applicable for a particular employer in the United States. Changing the employer requires that the person start the process over from the beginning with the possibility that the priority date can be maintained, in some instances.
Rajiv Khanna:
Q113 I am currently on H1-B and my I-140 has been approved. I have received another job offer. I heard that although the labor certification has to be redone, the "priority date" from my current I-140 could be used even after the "second" labor certification. Is this possible?
A113 So far that is the law.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
and www.immihelp.com:
An I-140 petition approval is entirely contingent upon the employee remaining in the same job. If the job changes, then a new I-140 is required. This is true whether the I-140 is sponsored or self petitioned, though in the case of a self-petitioned I-140, a new job that is substantially similar would continue the validity of the petition.
Hope this helps.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
But don\'t take my word for it. Here are opinions from other immigration attorneys:
Sheela Murthy:
Question 7. Is it permissible to change companies after being approved for I-140? Are there any concerns that one should be aware of while doing this? TOP
It is always permissible for a person to change companies after being approved for the I-140. The catch is that the person may have to start labor certification over from the beginning and go through the I-140 again, but may be able to retain the earlier priority date from the first company. If the I-140 is based on a national interest waiver, on a self-petitioning basis, switching employers may not affect the Green Card process at all if within the same field of expertise.
Question 8. Is it possible to change employer after you get your labor certification and still continue the GC process with same priority date? TOP
One can use the earlier priority date only if the immigrant petition (I-140) with the previous company has been approved. However, the person has to start the entire process over from the beginning and go through labor certification and immigrant petition once again with a new employer.
Question 9. Is Labor, I-140 etc. valid only for one employer? Does a change of employer make the above approvals void? TOP
The labor certification and the I-140 is only applicable for a particular employer in the United States. Changing the employer requires that the person start the process over from the beginning with the possibility that the priority date can be maintained, in some instances.
Rajiv Khanna:
Q113 I am currently on H1-B and my I-140 has been approved. I have received another job offer. I heard that although the labor certification has to be redone, the "priority date" from my current I-140 could be used even after the "second" labor certification. Is this possible?
A113 So far that is the law.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
and www.immihelp.com:
An I-140 petition approval is entirely contingent upon the employee remaining in the same job. If the job changes, then a new I-140 is required. This is true whether the I-140 is sponsored or self petitioned, though in the case of a self-petitioned I-140, a new job that is substantially similar would continue the validity of the petition.
Hope this helps.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Chris Parks
Registered Users (C)
Thanks to all, esp. Jim
Really appreciate your clarification, I think I have to start over painful job again.
Regards,
Chris
Really appreciate your clarification, I think I have to start over painful job again.
Regards,
Chris
Gking
What makes you think the company will proceed with the LC? The last company that I worked for would not. There is nothing grey about this, the company definitely can continue with the GC based on the intent to reemploy this person upon approval but the previous company must really have that intent and there must be a permanent job immediately available. The person must also REALLY have the intent to rejoin upon approval. INS must also believe this intent and where a person quits, or is laid off, clearly there is reason to doubt this intent.
As far as AC21\'s effect, it is impossible to make any definitive statements regarding its worth until we know exactly what it does and when it applies.
It seems to me that being laid off raises questions regarding the employers intent to rehire, the availability of a permanent position, and the ability to pay the offered wage. AC21 does not apply at all until the I-485 has remained unadjudicated for 180 days.
Since the attorney seems unwilling to go forward with a filing based on the old employer\'s job offer it seems likely to me that the old employer is not really willing to say that it intends to rehire.
Jim
James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
What makes you think the company will proceed with the LC? The last company that I worked for would not. There is nothing grey about this, the company definitely can continue with the GC based on the intent to reemploy this person upon approval but the previous company must really have that intent and there must be a permanent job immediately available. The person must also REALLY have the intent to rejoin upon approval. INS must also believe this intent and where a person quits, or is laid off, clearly there is reason to doubt this intent.
As far as AC21\'s effect, it is impossible to make any definitive statements regarding its worth until we know exactly what it does and when it applies.
It seems to me that being laid off raises questions regarding the employers intent to rehire, the availability of a permanent position, and the ability to pay the offered wage. AC21 does not apply at all until the I-485 has remained unadjudicated for 180 days.
Since the attorney seems unwilling to go forward with a filing based on the old employer\'s job offer it seems likely to me that the old employer is not really willing to say that it intends to rehire.
Jim
James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702