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

phildis

I am also exactly in the same boat. My case was also sponsored by prospective employer whom I have to join after getting GC. I also used to wonder if I can work with someone using EAD in the meantime. Lawyer Murthy and my own lawyer has this to say when I asked them:

Lately the mood in the INS has changed after 09/11. Now they would like to see an applicant start working for the sponsoring employer after getting EAD. When they issue RFE and you say that started working for the prospective employer, they would be really impressed (like we got some good markes) and approve it instantly. That way, we are saying that we kept our word.

If you don't, they won't deny it but they would simply transfer your case to the local INS office so that the officer can personally look at the sponsoring employer's 'recent dated' offer letter again.

My lawyer has advised me to join the sponsoring company after I got my EAD last week. I haven't joined yet but planning to do from this January.
 
gcard2002,

First of all, my trick is for people who are already in a nothing-to-lose situation. They either have to restart the process or continue with it using my trick. The worst they get is restart the process which is what they have to do without my trick.

Also, there are no fraud involved in my trick, so I believe it won't have any impact even if the application is denied.

With regard to the RFE, I don't think you need to provide everything stated in the RFE regarding your old employer. In my case, they asked for 5 recent paystubs. But since I was laid-off, I can only give them the last 5 paystubs. With a solid job offer from a reputable institution, I was approved. I believe if you respond the RFE in a right way, probably it would still be ok.

Actually the applicability of my trick is very limited now because of the concurrent filing. And for those who is willing to give this trick a try, I wish them best of luck.

Yee Man

PS Hey at least this thread brings out some interesting discussions, it is beneficial for people to read it. :)
 
gcard2002 thanks very much for the nice reply!

I have a few questions:

When the case comes to local INS office, if I'm able to show a proper 'recent dated' letter from the sponsor. would it be enogh?

In case I decide to join the sponsor before the GC approval, I want to join them just before I get the interview or RFE. When do you think I would get the interview/RFE, if I my I-485 ND is Dec 2002 at TSC?.

Will the interview/RFE come after FP and just before approval?

Thanks
 
Q. for Yee Man Chan

Hi Yee Man Chan,

Case is:
If one worked for sponsoring co. A >> 180 days and changed employer to co. B. ( Co. A submitted employment offer letter with 485)
Now if INS issues a request for employment letter/verification, will a letter from sponsoring Co. A that offer is still open work? Will one need the curent employment letter from Co B ( one can get that too and its a Big Group).

Thx in advance
 
Case is:
If one worked for sponsoring co. A >> 180 days and changed employer to co. B. ( Co. A submitted employment offer letter with 485)
Now if INS issues a request for employment letter/verification, will a letter from sponsoring Co. A that offer is still open work? Will one need the curent employment letter from Co B ( one can get that too and its a Big Group).
----

1. You have to send Employer change/Intent change and AC21
letter from B if you want to work with B after GC
2. If you want to return to A then no need to inform now but if you are going to be with B better send employer change and AC21 letter to INS now as you have crossed 180 days
3. If RFE then you should provide B letter if you want to be with B, better inform now because if I-485 is approved with out any RFE then it is going to be approved for A and you have to work with A after GC, you have to decide what you want to do
 
What ginnu says is right.

However, I don't think you are required to inform INS about your job change. It doesn't hurt if you inform but you are not required to do so as far as the law is concerned.

I did hear that you are required to work for your future employer for 6 months after you get GC (Is there really such a law or is it a rumor?). However, I never heard of any GC got revoked when you change job within 6 months after you get GC.
 
Change of Employer

Thanks Ginnu and Yee

I heard that this just poses problem when you go for naturalization.That is not the concern at leat now.

What if after I get GC witout RFE , I work for sponsoring employer (part time) earning salary > mentioned in LC??

Thanks in advance Yee/Ginnu..
Any input by portal Attorney browsing this forum is appreciated.
 
Help

Hi ,
I had filed for GC via consularing process, my interview date with the Consulate is Jan 21 but I will get layoff at the end of Dec 31. Not only my employer and the lawyer refuse to help me but they will info both INS AND Consulate about my employment termination on Dec 31.

I am thinking of filling 485 right now and hope to save my GC, any tips on that ?


Thanks
 
apa118,

I believe it is possible to withdraw CP and then file I-485. In your case, you will definitely be in trouble if you go straight to CP interview. However, since you don't have much time left, you better consult a competent lawyer for the options you have.

Good luck!
 
my I-94 expiring/no FP/no client

ALL,

I was laid off (Nov 2001)from A before I-140 was approved (this took 1 year because INS sent some Finance query to the company)

Joined company B on H1(Jan2002),
A's I-140 got approved in March 2002, applied for I-485 in april
Went to India, entered US on H1 papers of company A
Filed for EAD, got photo RFE, EAD approved in Dec 2002
Company B is also closing down US operation.

My I-94 is expiring in Feb, since its stamped according to A's Visa what are my valid choices please?

No FP yet for me

-Rama
 
ramavataar,

Sorry to hear about your situation.

The best bet now is to find a similar new job. As long as company A doesn't withdraw your I-140, I believe you are eligible for AC21 benefits.

Good luck!
 
Yee Man Chan:

Thanks a lot for sharing your information with us. It is really useful to read all your posts.

From one of you post, you wrote:

FP scheduled: 3/13/02
FP done: 2/06/02
FP redone scheduled: 4/16/02
FP redone: 3/15/02


I don't understand why FP needed to be redone.
Another questions is what RFE really means and stands for.

Thanks.
 
Yee Man Chan my company A got bankrupt

Yee Man Chan
my company A got bankrupt and closed all operation in MAY-JUNE 2002, Do INS automatically get notification if company goes bankrupt?

Should I look job as EAD holder or should I go for H1 sponsership.

Thanks for the reply

Raj
 
Raj,

I don't think INS will automatically know your company went under. However, by law company A needs to notify INS about its closing and then INS will revoke all its I-140s. If company A didn't notify, I don't see that INS will know and revoke your I-140. However, you better check your I-140 status online now to be sure.

Your GC process now entirely lies on what time did INS revoke your I-140. If it happens after 180 days, you are fine.

Good luck!
 
atlgc,

RFE = Request For Evidence

My FP needed to be redone because FBI wasn't happy with the quality of the first FP. I was just unlucky. Everyone I know only did one FP.
 
yee

did you file ac21 and inform ins or waited for them to send you an rfe?

is it mandatory to inform them about job change--they way i read it seemed that it is suggested and not must.

also is ur gc done

further any idea what percentage of people are getting called for interview now?
 
Re: yee

>did you file ac21 and inform ins or waited for them to send you an rfe?

I responded to the employment RFE. I got my new job one month into RFE

>is it mandatory to inform them about job change--they way i read it seemed that it is suggested and not must.

You SHOULD inform but you are required to do so. If you think your case is solid, infrom them. Otherwise, wait for RFE/interview.

>also is ur gc done

Approved end of October 2002. Waiting for plastic card now.

>further any idea what percentage of people are getting called for interview now?

You can go to some I-485 trackers to deduce the percentage. It seems to me less than 5% of cases.
 
Yee, help me on this

dear yee and other members,
here is my situation.
I am with employer A, waiting for my CP approval from NVC. Its in 8th week now, it will either get approved or RFEd this week. Bad news is, my employer A is about to file chapter 11 (NOT totally going out of businesss).
I am exploring following options,

A. After chapter 11, I still stay with A and my CP continues. this is best case scenario, i think. I may go for interview sometime in april, get my GC etc.

B. Before/after chapter11 they may spin-off/bought by/sold to a different company B. Assuming that I am employee of B, attorny says, I will need to stop CP, file 140 amendment. If this happens, i am planning to go for I-485 route. I file for AOS as an employee of B. I will try to get the AOS and 140 amendments as clean as possible this way, so less chance for RFE. Question- will the ammendment to I-140 make the I-140 for (or by) employer B instead of then-defunct employer A...?

C. I get laid off during chapter 11. I have an approved I-140 in hand. should I file the I-485 ASAP as a Employer A's employee, as comapany board may take another week or more to come to a decision. or should I wait till they come to a decision..?

D. Going ahead and thinking that the comp B lays me off after I become their employee after a month or two (my project is that long and no future work in pipeline yet), what would be my best bet..?

I read few posts about GC for future employer, can you provide me more info/links as to who is eligible for that..? I saw one post about a person filing GC directly when he/she was on F1. How is that possible...? My wife is a permanant employee now with more stable job than mine and she is on her F1(OPT). Do you think it is possible to take advantage of that any ways..? Her employer is definitely ready to do her H1, not sure yet if they will do her GC rightaway.

I don't know if I am missing any scenarios.

Thanks in advance.
 
dear yee and other members,
here is my situation.
I am with employer A, waiting for my CP approval from NVC. Its in 8th week now, it will either get approved or RFEd this week. Bad news is, my employer A is about to file chapter 11 (NOT totally going out of businesss).
I am exploring following options,

A. After chapter 11, I still stay with A and my CP continues. this is best case scenario, i think. I may go for interview sometime in april, get my GC etc.


This looks ok to me.


B. Before/after chapter11 they may spin-off/bought by/sold to a different company B. Assuming that I am employee of B, attorny says, I will need to stop CP, file 140 amendment. If this happens, i am planning to go for I-485 route. I file for AOS as an employee of B. I will try to get the AOS and 140 amendments as clean as possible this way, so less chance for RFE. Question- will the ammendment to I-140 make the I-140 for (or by) employer B instead of then-defunct employer A...?


Based on my understanding, merger/spin-off doesn't affect your GC. You may need to prepare documents that details the merger/spinoff and proof that you are still doing the job mentioned in LC when you go to CP interview. INS doesn't view this as a change of employer, so AC21 is not needed. However, since your lawyer has a different opinion, you may want to trust him/her more. Also, it is always better to have I-485 if you are in messy situation like this.


C. I get laid off during chapter 11. I have an approved I-140 in hand. should I file the I-485 ASAP as a Employer A's employee, as comapany board may take another week or more to come to a decision. or should I wait till they come to a decision..?


If possible, amend your I-140 and switch to 485. You will have more options from there. If you go to CP and get rejected, you can even have problems entering the States!


D. Going ahead and thinking that the comp B lays me off after I become their employee after a month or two (my project is that long and no future work in pipeline yet), what would be my best bet..?


485 is your best bet. If possible, a new stable job also helps.

[B}
I read few posts about GC for future employer, can you provide me more info/links as to who is eligible for that..? I saw one post about a person filing GC directly when he/she was on F1. How is that possible...? My wife is a permanant employee now with more stable job than mine and she is on her F1(OPT). Do you think it is possible to take advantage of that any ways..? Her employer is definitely ready to do her H1, not sure yet if they will do her GC rightaway.
[/B]

As I told the other guy, he can't do 140/485 on F1. He can do LC though because LC has nothing to do with him technically speaking. He must relinquish any non-immigrant visas to go for 140/485. If your can get a H1, you can get a H4 from her in case you are out of status.

Good luck!
 
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