Advice Needed!!!!!!

B

buddy

New Member
Guys, I applied for my I485 at VSC in Oct00. I have recieved EAD and doing FP this week.
I had to leave the company that I did my paper work from like 2 months ago and now I am working for another company. My question is that should I start all over again???? or should I wait to see what happens with the first application?????? I will be able to provide the company letter in case of RFE.. I did send W2, pay stubs and company letter with the I 485 application. I have completed 3 yrs on my H1 ... I don\'t want to waste any time but at the same time I don\'t want to spend money for nothing........ PLEASE ADVICE thanks......
 
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Well sorry to tell you but you have to start ALL OVER AGAIN INCLUDING LABOR since you did not wait for atleast 180 days after filing I485 in order totake an advantage of AC-21 (S-2045). I am positive that you still can retain your priority date of previous labor.

Still consult your immigration lawyer they may ( I have doubts) have ways around it.

Best luck
Hanuman
 
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thanks... I had to leave because the employer let everyone go.
if there will be no RFE how will INS know that I am not working for the same company?? Will I have to provide any evidence for passport stamping???
 
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Buddy soory to hear about the situation but if you look at the law closely it clearly says YOU ARE RESPONSIBLE FOR INFORMING INS ABOUT ANY CHANGES IN YOUR STATUS OR EMPLOYMENT SITUATION like name change job change or even tax id change of your employer...... Any way what I have suggested is AN ADVISE to be on the safe side...what you are thinking of is a BIG GAMBLE.( Belive me I am a VERY BIG GAMBLER TOO I have seen and played this whole life as a game except this stupid INS part) In most of the cases now a days INS is asking for employment letter via RFE or if not then AT THE TIME OF PP STAMPING YOU HAVE TO PRODUCE EMPLOYMENT VERIFICATION LETTER WITH PAY STUBS at that time how can you produce those??? Also if they found any dicrepancy later they will consider as IMMIGRATION FRAUD which has more SERIOUS consequences than anything else..

Well I hope you take all the facts in to consideration before taking any decision and also take experts opinion on your case.

Keep faith in god and you may witness a miracle....may god help you.
 
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buddy,

To be on the safer side, you should restart your GC process, since it is unlikely that you\'ll qualify for the 180 days rule. If you can do RIR labor and get new I140 approved in time, you can do inter-filing and replace the old I140 (in your already filed I485) with new I140. This is a standard process and your lawyer should be able to help you with it.
 
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This is my 2 cents worth.

I would defintely find a lawyer first to consult this.

Based on what I know, if you are laid off which you have
no control over the situation then you may be able to
just re-do the I-140 if your new job description is
still same as previous job you got labor certified for.

If your job function is totally different then you may have
to start from beginning.

Just check with good lawyer.

Good luck!

-LJ
 
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