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

Thanks, yee

Thanks for the quick reply.

I am more and more inclined towards AOS now. The only question is, should I file the AOS right now, or wait till they form a new company B. Right now the situation is that, comapny A has not file bankruptcy yet. But I am certain that they will soon, just a matter of time.
I want to know what if I ,
1. file AOS with comapany A.
2. we become comapny B eventually.

instead of
1. We become company B eventually
2. I file AOS with company B

Major risk with first case is, I totally screw with my CP..?, may be not that a big risk.
Major risk with 2nd case is, company B never becomes reality.

what do you think..?
 
srajesh,

You should go with something that is certain. If I were you, I will file 485 with company A. After that whatever happens to A, I can find any other job and save my GC. However, if you think the CP can be done b4 anything happen to A, then go for CP. You will get the GC stamp right after your CP interview. I don't think doing 485 with B is a good option at all.

Good luck!
 
employer is reluctant

now I am all set to file my AOS with comp A and comp A is killing time on allowing me to use the I-140 approval letter from INS. I have a copy of I-140 approval notice issued by my employer but my attorny insists that I wait for approval from comp A to use that for filing I485.
does it really makes sense..? What will happen if i use the already provided I-140 copy..? Is it really necessary for me to wait for this approval..?
I am in an ethical dilemma here, help me out.
 
srajesh,

To file 485 with company A, you need them to sign some papers like the employment letter and so on. If they don't want to sign, there is nothing you can do.

If you really want to save every minute, you can hire your own lawyer to do 485. Then you bring the necessary papers for A to sign and then you can go ahead. Apparently, at this point A doesn't care about whether you get GC or not. Therefore there is no incentive for the company lawyer to rush things.

If you decide to file 485, please also file EAD and AP. EAD will be very useful when you are looking for a new job.

Good luck!
 
I am back...

Hi All,

I am one of the very unlucky ones that have to go through local INS interview with the situation mentioned in this thread. I haven't got the interview notice, but found out through INS website in early Feb that my case was transferred to local office.

I posted my case on this thread before, here is the recap.

got laid off two weeks before 140 approval (8/2001)

got a job in the similar field two weeks after layoff (8/2001)

filed 485 in early 9/2001 with sponsor's employment letter (they were very kind)

RD 9/4/2001

ND 10/2001

FP 3/2002

RFE 10/17/2002

RFE received 12/4/2002 with sponsor updated employment letter and current company's employment letter, didn't indicate AC21, just said that my old company's offer still stands

Transferred to local 2/7/2003


Now I have to think a way to defend my case in the interview. Even my attorney said that she had no idea how to handle my case right now and had to do some legal research.

I came back to this thread and read all the posts again. I think all we argue here is that whether AC21 applies to the cases which laid off before 180 days or never worked for sponsor. We all assume AC21 applies to these cases. Murthy said so, CSC and VT center all have approvals for these kind of cases. But I have not read a single this kind of case that is approved in Nebraska center or transferred to local from NSC got approved!!! Do I miss anything? And my attorney said that CSC has approvals like this doesn't mean NSC has to follow. They have their own interpretation on AC21 since there is no explanation on AC21 yet. Now my fate is in the hands of the officer who is going to interview me. I pray that he/she will be in a good mood that day. :(

I was thinking to defend my case at interview by saying I will go back to my sponsor after GC approval, but how can I approve that I have the intent since I have a higher paid job right now in the similar field. What if the officer asked me why I am not going back right now? Or saying "go work for them for three months and come back show me the pay stub, then I will approve you"??

Another approach is AC21, and the problem is everyone is assuming it applies to us, but no one knows for sure, and it depends on the local officer to interpret it. And I don't see any similar situation success in Nebraska service center on any forum.

Yee Man Chan, any ideas or suggestions? I will appreciate any insights! And I will let everyone know how my interview goes in the future.

Thanks.
 
gpw,

I think you made a mistake when you replied to the RFE. You should have used AC21 there with new employer's employment letter. If you do so, you probably have GC by now. This was also what I did to get my GC.

Anyway, now you can still claim AC21. However, there maybe problem here. Your new employer letter will mention your start date. But it is 8/2001 which is way earlier than your RFE reply. You didn't mention your new employer in your RFE reply, so you may want to get a employment letter that has a start date after your RFE reply if you decide to use AC21. However, if INS can check with IRS and they find out your use of H1/EAD with the new employer, you maybe in trouble.

If you don't use AC21 in the interview and claim that you want to join your old employer, the situation is still tricky. From NSC's point of view, you are always with your sponsor and you were never with your new employer. So it might sound awkward to say you want to join your old employer... Nevertheless, it is possible that the RFE and interview are the result of NSC knowing you are no longer with your sponsor. That's why they are puzzled by your RFE reply.

My suggestion is to be as honest as possible at the interview. Tell them you have been with your new employer since 8/2001 and you are sorry that you said otherwise in your RFE. Try to discuss with your lawyer about all the possible questions INS officer might ask. I believe it is possible to use AC21 in your case because working for sponsor is not a requirement for GC. However, it might be botched because of how you replied the RFE...

Good luck and keep us updated!
 
Yee,

My RFE has two parts - old employment, and current location and current employment and both required starting dates.

I responded with two employment letters - old and new, not just the old one as you mentioned. But I didn't use AC21 in this reply, just stating that my old company's employment offer still stands. I don't know if I made a mistake in the RFE reply or not. Because I filed a new H1 in 8/2001. INS would have found it out anyway.


Thanks.
 
gpw,

I think you are in better shape now since they are aware of your new job in the RFE reply.

What else did you include in your RFE reply? Mine asked for financial statements, W2 and paystubs, so I also gave them those. My lawyer also wrote a letter explaining AC21.

You are working for a new employer but not the sponsor although you pledged to work for your sponsor. I believe you didn't explain well about your intent, that's why you get an interview.

Technically speaking, the intent to work for sponsor or the new employer are both ok for GC. I think you need to make clear about your intent in the interview and support it with evidence. However, it is obvious that it is way easier to prove your intent to work for your new employer, I suggest you use AC21.

Good luck!
 
Thanks, Yee Man Chan

Yee Man Chan,

Thanks for your reply.

I am thinking the same thing - using AC21 in the interview. But my attorney is a bit concerned about the fact that AC21 is not clear to apply to my case. She will go with me though. She thinks it all depends on the officer's interpretation of AC21. She also thinks that by saying that I will go back to my sponsor is a safer approach since INS should have no reason to doubt sponsor's intent to hire me back from the update employment letter they offered. :(

I have read many approved case similar to mine in other service center, but none of them are from Nebraska, which concerned me quite a bit, since NSC doesn't have to follow what other center did.

But I think I might give it a try using AC21. My current job is similar to my old one - I stated it in the new employment letter that I gave to INS in my RFE reply.

The ugly part is that it might take 4-5 months to wait for interview!!!
 
gpw,

I think I heard about other AC21 cases approved by NSC. However, none of them lost their job before I-140 is approved and none of them reply RFE the way you did. So you will be in uncharted waters. Anyway just let us know how it goes...

Good luck!
 
Hi All, especially Yee man Chan ,

I need some advice regd. I-485 filing. My I-140 is in process and I want to file I-485. The problem is that my company is not willing to file it. I know I can do it on my own but the issue is employment letter. I am not likely to get an employment letter that may be good for the purpose ( you know like the immihelp.com sample letter ). Mine might just say that I am employed here till this time ( h1b 6 year limit ) , i.e. intent to employ permanently might not be there.

Now, if I file it using this letter and 6 months later, I change my company using AC21, what'll happen. It is possible that INS when it gets to my petition may not find the letter suitable. What'll happen ? RFE ?

If I get an RFE, I can explain that I have changed my job and get a new letter from new employer ..

Question is -- will INS insist that I should get the "original" good letter from previous employer ?

Please Help !!!
 

Now, if I file it using this letter and 6 months later, I change my company using AC21, what'll happen. It is possible that INS when it gets to my petition may not find the letter suitable. What'll happen ? RFE ?


I think it is likely that they will issue an RFE.

[B}
If I get an RFE, I can explain that I have changed my job and get a new letter from new employer ..

Question is -- will INS insist that I should get the "original" good letter from previous employer ?
[/B}

In this thread, I suggested this might work. However, no one ever tried it, so if you really can't get that employment letter, you may want to try it. However, it will be the best if you can beg (or "bribe") your employer into giving you that letter.

You probably want to get some advice from a lawyer...

Good luck!
 
Approved! And Stamped!

Ok, my case got approved today! I am so happy right now to enjoy the new found freedom.

My case is a bit complicated, but it will give all the people who are in the similar situation HOPE! I got laid off few days before 140 approval. I filed 485 with my sponsor because they still gave me the employment letter. God bless them! And I got RFE on employment letter last Oct and replied it back with current employment letter and sponsor company's employment letter. My case was transferred to local office on 2/7 and interview date is today 3/13. I was so nerveous because I don't know if AC21 applies to my case since I got laid off before 180 days. But the officer Lewis is very nice and polite, after oath and routine questions, he just asked for current employment letter and put it away without even looking at it. Then he just asked for my passport!! I got stamped right there. I could not believe it!

One tip I want to say is that dressing in formal is better than dressing in casual when going to interview.
 
Can u file for i-485 without being in US

A friend has i-140 approved and is in India.Can he file I-485 while he is not in US.
 
Re: Can u file for i-485 without being in US

Originally posted by petestone
A friend has i-140 approved and is in India.Can he file I-485 while he is not in US.
Click to expand...

Nope - u need to be in US for filing 485. He can wait till he comes back or go the Counsellor Processing route instead for filing in India
 
similar job?

What are the conditions for a similar job for using AC21? Is it similar to the one you have currently or similar to the one you have in your LC application?
SDD
 
Re: similar job?

Originally posted by sdd
What are the conditions for a similar job for using AC21? Is it similar to the one you have currently or similar to the one you have in your LC application?
SDD
Click to expand...

Similar job description to one used for LC/140 though title/salary/location can be different. LC has a JOB CODE from DOT classification - the new job description should be such that it falls under the same DOT classification as the one used in LC.

Safest bet - convince ur new employer to give u a letter with exact job description as given in LC

-ab
 
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