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

Y

Yee Man Chan

Registered Users (C)
Hi folks, after studying how INS works from various immigration forum, I figured out a way to save an I-140 when you left your sponsoring company before you file I-485. Can the gurus here tell me whether this will work or not?

Thanks
Yee Man

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

For people who lost their job or joined a new company after
I-140 is approved but before I-485 is filed with their I-140
sponsoring company.

You need:
1) Receipt or approval notice or your approved I-140
2) There is no need for I-140 sponsoring company's employment
letter.

How it works:
1) Find a lawyer to file. Put everything in the application
except your I-140 sponsoring company's employment letter.
2) INS doesn't check employment letter until the final stage
of I-485 processing. So you got your I-485 receipt.
3) When they check your stuff later, they will find that
you are missing the employment letter. This will prompt an
employment RFE.
4) Respond to the RFE with employment letter from your new
job. Ask your lawyer to include an AC21 letter that
explains that you can enjoy the benefits of AC21.
5) YaY! You get approved!

Risks:
1) Your I-140 sponsoring company can withdraw your I-140.
Nothing you can do except you maintain a good relationship
with your old employer.
2) Your case is adjucated before 180 days of the I-485 RD.
This risk is low because they have to issue you the RFE
90 days after RD.
3) You need a new job. This may or may not be easy in
this market.
4) Obviously this is a loophole in the whole process. It
may be cracked down in the future.
 
What about INTENT at the time of filing I-485? How INS going to check the Intent at the time of approval?


Do you mean that INS will just accept new Employer letter and Lawyer using AC21 if one gets RFE and no question about Intent when I-1485 filed with out employment verification letter?

Or at the time of filing for I-140 the old employer attached letter and filed I-40 and Employee also signed the form to work with the old employer, do mean that it will count the Intent?
I hope you need to show Intent at the time of filing I-485
 
Need Help

Hi inders99,


My wife was on H1B visa for some time and she got SSN number. She did'nt worked at all due to current market situation. Now she changed her status to H4.

My company is filing my 485 and my wife's too
Do we need to write her SSN number in I-485 Form or can leave it as blank.

Is there is any problem if she write ssn number

Please reply. thanks for help


Sdhar123
 
yeh u have to write that social security number cause u have to use that to file her taxes or ur joint taxes and u have to show her H1b and H4 approvals so that she can prove that she had a valid stay in US.
 
Thank you very much for your reply.

I have one more question. We used her TIN(Tax Id) while filing tax returns. We dont know that we have to use her SSN for tax filing

Sdhar123

Originally posted by ghost-rider
yeh u have to write that social security number cause u have to use that to file her taxes or ur joint taxes and u have to show her H1b and H4 approvals so that she can prove that she had a valid stay in US.
Click to expand...
 
My wife was on H1B visa for some time and she got SSN number. She did'nt worked at all due to current market situation. Now she changed her status to H4.
----- If she was on H1B then she had SSN use the SSN



Do we need to write her SSN number in I-485 Form or can leave it as blank.
** Write the SSN

Is there is any problem if she write ssn number
** NO

You have written that you have used ITIN for Tax in the past, ITIN is only issued for tax and who are not eligble for SSN like H4, but your wife was on H1B and she has SSN, How did you used ITIN if you both have SSN, you should use SSN on TAX filing.

I hope you or your wife was some time back on H4 and you got ITIN.
If you had ITIN and later got SSN then you need to update IRS
and let them know that you had ITIN # but now you have SSN for the same person
You should return the ITIN card Copy and provide SSN copy to IRS it is clearly written on the paper when you got ITIN from IRS that if you get SSN please let them know that you have SSN Please Contact IRS on Phone# 215 516 4846
and write a letter to them with the copy of ITIN and SSN
The address is:
IRS, ITIN UNIT
P.O.Box 447
BENSALEM, PA, 19020

But You can write SSN on I-485 application.
 
Last edited by a moderator:
Thank you very much Avtaar. I got sufficeient response from you.

Sdhar123
Originally posted by Avtaar
My wife was on H1B visa for some time and she got SSN number. She did'nt worked at all due to current market situation. Now she changed her status to H4.
----- If she was on H1B then she had SSN use the SSN



Do we need to write her SSN number in I-485 Form or can leave it as blank.
** Write the SSN

Is there is any problem if she write ssn number
** NO

You have written that you have used ITIN for Tax in the past, ITIN is only issued for tax and who are not eligble for SSN like H4, but your wife was on H1B and she has SSN, How did you used ITIN if you both have SSN, you should use SSN on TAX filing.

I hope you or your wife was some time back on H4 and you got ITIN.
If you had ITIN and later got SSN then you need to update IRS
and let them know that you had ITIN # but now you have SSN for the same person
You should return the ITIN card Copy and provide SSN copy to IRS it is clearly written on the paper when you got ITIN from IRS that if you get SSN please let them know that you have SSN Please Contact IRS on Phone# 215 516 4846
and write a letter to them with the copy of ITIN and SSN
The address is:
IRS, ITIN UNIT
P.O.Box 447
BENSALEM, PA, 19020

But You can write SSN on I-485 application.
Click to expand...
 
Yee Man Chan

Yee Man Chan,

Did this work for anyone you know?

As for the first risk, sponsor [i think this is more appropriate than "employer", since one need not be working for the sponsoring company at the time of LC/I140/I485 - unless by employer you mean the "future employer" and not the current] may withdraw I140 but if the INS "actually acts on the withdrawal request", after 180 days then AC21 should apply since 485 is pending for more than 180 days. I think the keyword in AC21 is "PENDING"....

What is your view on this ?

Thanks anyway for trying to help...
 
Re: Yee Man Chan

I don't know anyone used this trick or not. Actually this trick was devised based on what coolcat5 says. It seems to me he knows how to do it the right way but it was kept secretive....

As to I-140 revocation, I believe it depends on when your sponsor revoke the I-140 not when it becomes effective. However I heard of no stories about revocation before 180 dayas. There was one case the employer revoked after 180 days. Initially I-485 was denied but then after appeal, AC21 works and I-485 was approved.

Originally posted by ravan123
Yee Man Chan,

Did this work for anyone you know?

As for the first risk, sponsor [i think this is more appropriate than "employer", since one need not be working for the sponsoring company at the time of LC/I140/I485 - unless by employer you mean the "future employer" and not the current] may withdraw I140 but if the INS "actually acts on the withdrawal request", after 180 days then AC21 should apply since 485 is pending for more than 180 days. I think the keyword in AC21 is "PENDING"....

What is your view on this ?

Thanks anyway for trying to help...
Click to expand...
 
I am in this situation

What you described is exactly what happened to me a year ago. I got 140 and got laid off. Now I got RFE to ask my current employer's address and my petition employer's letter. Fortunately, I have very good relationship with my old employer, and they issued an updated employment letter to me indicating that the position is still open for me in the future. And my attorney were saying that that is enough for INS. Do you guys think so? But in the letter, it didn't say how much they are going to pay me later, just saying that everything is under labor cert condition. Is this good enough??

I am thinking about attach a new employment letter with new employer, using AC21. But I am pretty sure that situation like mine will definitely get interviewed. Since AC21 is so vague, I am afraid of being interviewed and being rejected at that time.

Need opinions!!! Thanks a lot on your insights!
 
Hey gpw

Thanks for your response. Did you attach your sponsoring company's employment letter when you filed I-485?

If you did, all you need to do is just give INS employment letter from your new employer. That's what I did to respond to my RFE and I got approved based on AC21. However, I did stay with my sponsor up to 180 days of my RD, so my case is different from you.

If you didn't, you probably still don't need your sponsoring employer's letter if my trick works. However, I am not sure about that. I don't know of anyone who tried my trick yet..
 
thanks, Yee Man Chan

Yee Man Chan,

What does your RFE say?

Mine is asking for current employer info and petition employer's employment letter.

I did attach the old company's employment letter when I filed 485. But now they want an updated one with proffered wage and position. My attorney drafted one letter with very vague terms like "everything is under labor cert condition".

Did you get interviewed? Which center did you get approved?

I read similar but more complicated cases got approved in other centers, but Nebraska center. I am in NSC. What about you?

Thanks,

gpw
 
My RFE is for 3 things:

1) 5 recent pay stubs
2) W-2s from two recent years
3) Financial proof from my sponsor that they can pay my wage

However, I responded with the following since I just joined my new employer:
1) last 5 paystubs from my sponsor
2) employment letter from my new employer
3) Financial proof from my new employer
4) AC21 letter.

I got approved 6 weeks after responded to RFE. No interviews. I am with CSC. I think if you do the same, you should be ok.

Good luck!
 
THANKS AGAIN, Yee Man Chan

Thanks so much for your detailed reply, Yee Man Chan!

I did read approvals like this in CSC and VSC, not NSC. Don't know why. A little bit nerveous on this since no examples in NSC. :(
 
What if ..

A friend of mine is working for a consulting company for the last 5 years on H1. During the last three years, the client company was processing her GC. After 140 approval, 485 filing, EAD, FP and 2 months after 485 RD, was told by the client that they can no longer offer her the job in future and that her legal employer should be contacted in this regard.

She has NOT been told by the lawyer that the client revoked the 140 but rumors are that they did.

She is still working with that consulting firm with the same job function and salary range in the LC. She is waiting for 180 days to pass and apply AC21.

Will this work for her ?
 
Hi yee man chan

Hello,

Can u tell me that in Rfe they asked u the paystubs right , these are from the old employer or the most recent paystubs(I understand that you used the AC21 after 180 days).

Thanks
Ravi.M
 
Re: What if ..

Originally posted by ravan123
A friend of mine is working for a consulting company for the last 5 years on H1. During the last three years, the client company was processing her GC. After 140 approval, 485 filing, EAD, FP and 2 months after 485 RD, was told by the client that they can no longer offer her the job in future and that her legal employer should be contacted in this regard.

She has NOT been told by the lawyer that the client revoked the 140 but rumors are that they did.

She is still working with that consulting firm with the same job function and salary range in the LC. She is waiting for 180 days to pass and apply AC21.

Will this work for her ?
Click to expand...

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.
 
Re: Hi yee man chan

Originally posted by coolcat5
Hello,

Can u tell me that in Rfe they asked u the paystubs right , these are from the old employer or the most recent paystubs(I understand that you used the AC21 after 180 days).

Thanks
Ravi.M
Click to expand...

I didn't have any paystubs from my new employer at the time, so I only sent the last paystubs from my sponsor. My new employer is a very reputable institution. I guess that may explain why I got approved without further RFE.
 
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