A trick to file I-485 without your I-140 sponsoring employer

Yee Man Chan

She may be in trouble because if the I-140 is revoked before 180 days, no one knows what will happen to her GC process. There is a possibility for denial but since I never heard a similar case. She should try to talk to the client to make sure they don't revoke. There is no gain for the client to revoke I-140 unless they hate you with a passion.
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INS is definitely taking more than 180 days to adjudicate. My question is : Is there a separate department to process revocation cases of 140 - e.g. does it go to the 140 section which much faster than the 485 section ? But the 140 section has to inform the 485 section and by the time 485 section acts on it .....or is it that if the revocation request / action is less than 180 days, the INS will any case deny 485 and AC21 does not apply ?

Looks complicated enough.
 
I 140 pending LAID OFF URGENT

YEEMAN CHAN , GPW AND EVERYONE ELSE
I applied for I 140 and with the reciept filed for I 485(got the reciepts) , but I got rfe on I 140 , i just replied to rfe for I 140 on Nov8 and i got laid off the sameday, Now my current status is H1B which my employer said he will keep for another month at the most before requesting cancellation, but what is it that i can do now , what do you guys think are my options, how do i maintain my status, what happens to my process , if i get a new job and transfer my h1b will that mean i loose my entire process, or can i still continue my pocess , in any eent my employer said he will continue with my
application that is i 140 and he would not try to revoke it
please advise
:confused: :(
 
Re: Yee Man Chan

Originally posted by ravan123


INS is definitely taking more than 180 days to adjudicate. My question is : Is there a separate department to process revocation cases of 140 - e.g. does it go to the 140 section which much faster than the 485 section ? But the 140 section has to inform the 485 section and by the time 485 section acts on it .....or is it that if the revocation request / action is less than 180 days, the INS will any case deny 485 and AC21 does not apply ?

Looks complicated enough.
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It seems to me the revocation of I-140 can get to the I-485 processing officer quite quickly. The example I mentioned actually took very little time for the I-485 officer to generate an intent to deny. So I think the best bet is to stay with this employer past 180 days or maintain a good relationship by *whatever* means until you hit the magical 180 days mark.
 
Re: I 140 pending LAID OFF URGENT

Originally posted by sirisha76
YEEMAN CHAN , GPW AND EVERYONE ELSE
I applied for I 140 and with the reciept filed for I 485(got the reciepts) , but I got rfe on I 140 , i just replied to rfe for I 140 on Nov8 and i got laid off the sameday, Now my current status is H1B which my employer said he will keep for another month at the most before requesting cancellation, but what is it that i can do now , what do you guys think are my options, how do i maintain my status, what happens to my process , if i get a new job and transfer my h1b will that mean i loose my entire process, or can i still continue my pocess , in any eent my employer said he will continue with my
application that is i 140 and he would not try to revoke it
please advise
:confused: :(
Click to expand...

Unless you obtain an H1B before your I-140 is approved, you will be out of status for a while because an adjustee status only applies to people with I-140 approved.

Your best bet is to find a new job quickly and start over from the LC process again (LC is an employer thing, so it won't affect your current GC). Then pray to God for a quick approval of your I-140 without incidents. When you get your I-140 approved, you should be safe to use AC21. If unfortunately your I-140 is denied, you just have to start all over....

I am not familiar with the processing of H1B in relation to I-140, so I can't really say it will affect your I-140 or not.
 
Yee Man Chan

It seems to me the revocation of I-140 can get to the I-485 processing officer quite quickly. The example I mentioned actually took very little time for the I-485 officer to generate an intent to deny. So I think the best bet is to stay with this employer past 180 days or maintain a good relationship by *whatever* means until you hit the magical 180 days mark.
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Do you have any time estimate as to how long the 485 officer took to generate the intent to deny notice?

This will give her an idea as to whether her employer has actually cancelled the 140 or was just a threat. It is nearly 1.5 months she was laid off and her 485 is pending 3.5 months. Does the employer has to give an official copy of the letter of revocation to her?

Thanks for all your help.
 
According to the link I posted, the denial (well, direct denial in this case) seems to be come as soon as the act of I-140 revocation. I think you just have to pray to God such that the bureaucracy at INS will slow down the I-140 revocation process. As long as the act of revocation is after 180 days, then your friend is fine.

Also, I don't think by law, the employer needs to notify you about the revocation.

Good luck!
 
yee men chaa

yee men chaa,

can u please xplain u'r process with dates, i am particularly interested in the pay stubs issue.

i know u worked for employer a for 180 days after 485 filling


this is an example

suppose u filed in jan 01 -485

left to employerB after jul01

got rfe in Dec02

last 5 pay stubs were from ,----feb01,mar01.apr01,may01,jun01


so my questions

1)I thought ins asked u with the latest employerB (5 recent pay stubs)

which should be aug,sep,oct,nov,dec


2) after 180 days did u join emploerB immediately


3) should the salary be same with emploer A & employer B as in the LC. I know title should be the same.
 
Re: yee men chaa

Please check my another thread for details of my case:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8744084412

Originally posted by chinnacc


so my questions

1)I thought ins asked u with the latest employerB (5 recent pay stubs)

which should be aug,sep,oct,nov,dec

A. I don't have any paystubs from my new employer, so I don't put any in my RFE response.

2) after 180 days did u join emploerB immediately

A. No, I was unemployed for 6.5 months after I was laid off by my sponsor

3) should the salary be same with emploer A & employer B as in the LC. I know title should be the same.

A. My title is different. Member of Technical Staff => Senior Software Engineer. My job description is almost the same though. My salary is 31.6% more than the number on LC. I believe there can be trouble if your new salary is substantially lower than your LC salary.

Good luck!
 
Yee Man Chan(Thank You)

Hi Yee Man Chan,


Thanks for responding to my message, You mentioned that there will be trouble if your new salary is substantially lower than your LC salary.

If an employee get paid 80k right now with sponsoring employer.

But after 180 days if the employee go to a new employer can that pay be around 50k---65k(looking at the current market scenario i think the employee will get that salary)

1Q)Do u think this is substantially lower for the employee


2Q) How many months after 180 days do we have time to find a new job.


3Q) are you from INS CSC region ?

Also i need u'r email adddress so that i can keep in touch with you

My email address is chinnacc@ hotmail.com

Regards
Chinnacc
 
Re: Yee Man Chan(Thank You)

1Q)Do u think this is substantially lower for the employee

A. The key is to have a job in similar category AND not be a public charge according to the literal meaning of AC21. 50-65k is definitely not a bad salary. So it shouldn't be in the public charge case.

2Q) How many months after 180 days do we have time to find a new job.

A. Unless you get employment RFE or Interview, you don't even need to have a job! The chance of getting either is low. (1 out of 3 in my ex-company. They both didn't have a job at the time of approval. One of them still don't as of now.....) So don't panic until you get one of those. ;)

3Q) are you from INS CSC region ?

A. Yes
 
Thanks for the link
I found that INS needs Approved I-140 copy before final approvals.many have left the old employer and filed I-485 with the Reciept notice of I-140 becase they could not get approved copy of I-140 from the previous company lawyer or employer.

They are going to get RFE I dont know what they are going to do
I dont know if the INS can check the CLAIMS database or service centre data base with WAC, EAC, LIN # of I-140

If the service centre is same where I-40 was approved and I-485 was filed in same service centre I hope they can check the records, Many filed I-140 with CP and Files after approval may be with NVC or Consulates INS have to get back the I-140 Petition.

If one does not have copy of I-140 and Approved LC ( to match Skills or find what was the wages on LC) they may be in problems even if they cross 180 days after filing.

Just getting the I-485 filing reciepts and EAD is no gurantee of I-485 Approval.
 
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Yee Man Chan,

Do you have links to SOP for I140 and Local Interviews ?

An interview waiver criteria is that the petitioner and the current employer are the same. Do you know what happens / [required documents] during the interview? Is this criteria still valid in light of AC21 ? As far as I know, all AC21 cases are not necessarily sent for local interviews.
 
I only have the SOP for 485.

I believe for the interviews, you basically bring all the evidence that can support your case, ie employment letter, paystubs, W-2s, tax returns, proof of employer financial situation, etc. You may also want to bring the AC21 doc because some interviewers don't aware of it.

Not all AC21 cases go to interviews, mine was not. Some people I know didn't even get RFE. So enjoy your life until you get a RFE/interview! :)
 
ac21

To use AC21, one and only one safe way is :
work for the employer over 180 days, change to (or laid off and find) a similiar job, file letter to INS, INS adjudicates the case based the new job.

Other scenerios will have problem in the future.

A. never inform INS job change, the case is approved

B. no job when case is approved, soon find a new similiar job.

c. never work the sponsor company(future job), case pending is over 180 days and approved

.........................

all the above cases have the material mispresentation problem.
It's your responsibility to inform INS your employment change.
Otherwise, INS can revoke your GC in the future.

per my lawyer.
 
Re: ac21

Originally posted by aqaqaqaq
To use AC21, one and only one safe way is :
work for the employer over 180 days, change to (or laid off and find) a similiar job, file letter to INS, INS adjudicates the case based the new job.

Other scenerios will have problem in the future.

A. never inform INS job change, the case is approved

B. no job when case is approved, soon find a new similiar job.

c. never work the sponsor company(future job), case pending is over 180 days and approved

.........................

all the above cases have the material mispresentation problem.
It's your responsibility to inform INS your employment change.
Otherwise, INS can revoke your GC in the future.

per my lawyer.
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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 citizenship stage but then some people probably won't apply for citizenship. The alternative for B and C is to inform INS, which will be very likely result in a denial. So unless you desperately want to be 100% sure you can be a citizen, I won't suggest you to inform INS and start the whole GC over.
 
Yee Man Chan

Why will case [c] result in a denial ? As per murthy [ac21 faq], AC21 applies when a 485 applicant has never worked for the sponsor and the applicant changes intent after 180 days.

Let me know if my understanding is correct.

Do you know what generally happens when at the time of 485 filing the current employer is different fron the sponsor - is it always sent for interview ? What do they ask during interview ? Does AC21 apply in this case - the 485 applicant has changed intent to remain with the current employer ?
 
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Re: Yee Man Chan

Originally posted by ravan123
Why will case [c] result in a denial ? As per murthy [ac21 faq], AC21 applies when a 485 applicant has never worked for the sponsor and the applicant changes intent after 180 days.

Let me know if my understanding is correct.

Do you know what generally happens when at the time of 485 filing the current employer is different fron the sponsor - is it always sent for interview ? What do they ask during interview ? Does AC21 apply in this case - the 485 applicant has changed intent to remain with the current employer ?
Click to expand...

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.
 
Yee Man Chan

What if instead of the applicant, the sponsor informs the INS - does INS really process this information "immediately" < 180 ???

Thanks for your continued suport and help even after getting your 485 approval.
 
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