Any approvals where job changed in less than 180 days of AOS filing?

[kapslock]

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

 

[banta4gc]

The real key question is - will your employer revoke your I-140, before 180 days from 485 receipt? If the answer is yes - you may have to restart your GC process

If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the first 6 months ....

 

[kapslock]

The real key question is - will your employer revoke your I-140, before 180 days from 485 receipt? If the answer is yes - you may have to restart your GC process

If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the first 6 months ....

Banta,

Thanks for your reply. I am more interested in the specifics of the case when there is no RFE (the PD is a fair bit far from being processed in the next few months) and the company does not withdraw/revoke the I-140.

When you said "If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the first 6 months", you obviously mean there are chances it will not go through. If there's no problem on I-140 revocation and no RFE before 6 months, is there something else that can cause the 485 approval to not go through?

Appreciate if you can share your thoughts.

 

[whereismy_gc]

Banta,

Thanks for your reply. I am more interested in the specifics of the case when there is no RFE (the PD is a fair bit far from being processed in the next few months) and the company does not withdraw/revoke the I-140.

When you said "If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the first 6 months", you obviously mean there are chances it will not go through. If there's no problem on I-140 revocation and no RFE before 6 months, is there something else that can cause the 485 approval to not go through?

Appreciate if you can share your thoughts.

I am in the same situation as you are now. Anybody, somebody please reply to this thread so we can make decisions.

Also, do we have to specify the Date we joined the new company. My only concern is that the date is going to be before 180 days (only 3 weeks).

Thanks,

 

[kapslock]

Whereismy_gc,

AFAIK, the EVL (Employment Verification Letter) that you send to USCIS to invoke the AC-21 provision does not mention that start date, but mentions:
- Your name
- The fact that the job offered to you is a permanent one, and
- The job duties

It is a typical run-of-the-mill employment letter (the ones we get for all sort of reasons), with the additional information of the job duties.

My concern is that I've not seen any case like these that have been approved, but then I've not seen any case like these that have not been approved.

Any inputs, guys?

 

[whereismy_gc]

AC 21 and Employment Letter Dates

Whereismy_gc,

AFAIK, the EVL (Employment Verification Letter) that you send to USCIS to invoke the AC-21 provision does not mention that start date, but mentions:
- Your name
- The fact that the job offered to you is a permanent one, and
- The job duties

It is a typical run-of-the-mill employment letter (the ones we get for all sort of reasons), with the additional information of the job duties.

My concern is that I've not seen any case like these that have been approved, but then I've not seen any case like these that have not been approved.

Any inputs, guys?

Really Appreciate your response, kapslock.

I also read this at http://immigration.about.com/gi/dynamic/offsite.htm?site=http://shusterman.com/toc-chat.html

The 180-day Portability Rule - Clearing Up Misconceptions

It does encourage us to change jobs before 180 days as long as I-140 is approved and not revoked.

I am hoping that's true and correct.

thanks again,

 

[tammy2]

Banta,

Thanks for your reply. I am more interested in the specifics of the case when there is no RFE (the PD is a fair bit far from being processed in the next few months) and the company does not withdraw/revoke the I-140.

When you said "If the answer is no, you may be able to escape, using AC21 same/similar job clause, if there is no RFE on your pending I-485 in the first 6 months", you obviously mean there are chances it will not go through. If there's no problem on I-140 revocation and no RFE before 6 months, is there something else that can cause the 485 approval to not go through?

Appreciate if you can share your thoughts.

If your employer is not revoking your I-140 you should not have any problem.

FYI I was laid off just two weeks after applying I-485 with pending I-140. It was back in 2002. Later I-140 and I-485 was approved without any RFE.

 

[whereismy_gc]

AC 21 and Employment Letter Dates

If your employer is not revoking your I-140 you should not have any problem.

FYI I was laid off just two weeks after applying I-485 with pending I-140. It was back in 2002. Later I-140 and I-485 was approved without any RFE.

Greatly appreciate your response Tammy.

I am going for it. I have been in this company for over 6 yrs and they have sucked the last drop of my blood.

I will give it a try. I know it's risky but hopefully it will work.

 

[kapslock]

If your employer is not revoking your I-140 you should not have any problem.

FYI I was laid off just two weeks after applying I-485 with pending I-140. It was back in 2002. Later I-140 and I-485 was approved without any RFE.

Tammy2,

That is beautiful! That's the information I was looking for. So if we've seen approvals if the job has been changed within 180 days of I-485 filing, my interpretation of the AC-21 statute is correct, and the 180 day rule is just to ensure the "genuine intent" of permanent employment from the employer and employee side.

One important point about your case is that an RFE wasn't issued. Btw, did you send the AC-21 letter to the USCIS after 180 days of filing were up?

Thanks,

Kapslock

 

[tammy2]

Tammy2,

That is beautiful! That's the information I was looking for. So if we've seen approvals if the job has been changed within 180 days of I-485 filing, my interpretation of the AC-21 statute is correct, and the 180 day rule is just to ensure the "genuine intent" of permanent employment from the employer and employee side.

One important point about your case is that an RFE wasn't issued. Btw, did you send the AC-21 letter to the USCIS after 180 days of filing were up?

Thanks,

Kapslock

Yes I did send the new employment letter after the I-140 approval. One of my close friends never sent an employment letter but he sent new employment letter after 180 days.
He did get an RFE. Sent the same documentation again and got the approval.

 

[whereismy_gc]

AC 21 and Employment Letter

Yes I did send the new employment letter after the I-140 approval. One of my close friends never sent an employment letter but he sent new employment letter after 180 days.
He did get an RFE. Sent the same documentation again and got the approval.

Tammy, You did mention that one of your friend "did not sent an employment letter but sent a new employment letter after 180 days".

I am bit confused about "Employment letter" and "New Employment letter"??