Folks,
My job was eliminated in my previous company because of a merger/buyout before 180 days of filing AOS petition were up. I do have my EAD and a new job offer. I am still getting an H1B transferred to the new company, and plan on getting a letter of employment from the new employer, and sending it over to the USCIS when the 180 days are up. However, the lawyers at the new company insist that they will file for my GC all over again, and that they can recapture my PD because my I-140 was approved.
1. I think the Aytes memo specifies that if there was a genuine intent of the previous employer and the employee to engage in permanent employment, it does not matter if the employment is terminated before 180 days.
Is that assertion correct?
If that is the case, why do people suggest sending the new employment letter to USCIS after 180 days?
2. Is the 180 day timeline a general rule of thumb to determine the employer/employee's intent of permanent employment only?
3. Can I keep my previous AOS pending (not withdraw it) and allow my new lawyers to file for another GC application? And thus have 2 GC applications simultaneously?
4. Can I reuse my I-140 priority date (in starting GC all over again) even if
(a) The previous company withdraws/revokes the I-140, or
(b) My I-485 gets denied.
5. Have there been people on this forum who got their I-485 approved even when they switched jobs BEFORE 180 days if AOS pending were up? Can you please share your experiences?
Thanks,
Kapslock
My job was eliminated in my previous company because of a merger/buyout before 180 days of filing AOS petition were up. I do have my EAD and a new job offer. I am still getting an H1B transferred to the new company, and plan on getting a letter of employment from the new employer, and sending it over to the USCIS when the 180 days are up. However, the lawyers at the new company insist that they will file for my GC all over again, and that they can recapture my PD because my I-140 was approved.
1. I think the Aytes memo specifies that if there was a genuine intent of the previous employer and the employee to engage in permanent employment, it does not matter if the employment is terminated before 180 days.
Is that assertion correct?
If that is the case, why do people suggest sending the new employment letter to USCIS after 180 days?
2. Is the 180 day timeline a general rule of thumb to determine the employer/employee's intent of permanent employment only?
3. Can I keep my previous AOS pending (not withdraw it) and allow my new lawyers to file for another GC application? And thus have 2 GC applications simultaneously?
4. Can I reuse my I-140 priority date (in starting GC all over again) even if
(a) The previous company withdraws/revokes the I-140, or
(b) My I-485 gets denied.
5. Have there been people on this forum who got their I-485 approved even when they switched jobs BEFORE 180 days if AOS pending were up? Can you please share your experiences?
Thanks,
Kapslock