Any suggestion please?

A

abbelf

Registered Users (C)
I applied EB1-OR at the end of last October. Later I submitted my I-485 application in December, 2002. Now I have to change my job at the end of this July. It seems that my current employer won't revoke my I-140 application because of my leaving. My question is:

(1) Should I inform BCIS that I have changed my job at the end of this July? Since my new employer will file H-1B for me, BCIS will know it no matter I tell them or not, right?

(2) Can I apply for AC-21 law with my I-140 pending?

(3) Another thing is that knowing that I have to leave, I filed an NIW I-140 in March, 2003 myself without I-485 concurrent filing. If my OR I-140 becomes invalid due to my leaving, is it possible to change my I-485 application based on OR to make it based on my NIW?

Thank you very much for any input.
 
Originally posted by abbelf
I applied EB1-OR at the end of last October. Later I submitted my I-485 application in December, 2002. Now I have to change my job at the end of this July. It seems that my current employer won't revoke my I-140 application because of my leaving. My question is:

(1) Should I inform BCIS that I have changed my job at the end of this July? Since my new employer will file H-1B for me, BCIS will know it no matter I tell them or not, right?

(2) Can I apply for AC-21 law with my I-140 pending?

(3) Another thing is that knowing that I have to leave, I filed an NIW I-140 in March, 2003 myself without I-485 concurrent filing. If my OR I-140 becomes invalid due to my leaving, is it possible to change my I-485 application based on OR to make it based on my NIW?

Thank you very much for any input.
Click to expand...

(1) They will know about your H1B. I think it is wrong to assume they will make the connection with all your other petitions.

(2) We don't see a lot of AC-21 posts in this particular forum. It's quite possible but you would have to ask elsewhere.

(3) Anybody?

Brian
 
AC21 law is safer with approved 140

as it may be clear from several posts...if 140 is approved and 180 days pass by, AC21 can be used successfully. even if 140 is not approved yet, people may move about but if 140 is denied then basis for ead and thereby ac21 gets voided. thus without 140 approved...there is always a danger in self petitions.
I think NIW can easily use ac21 if the ac21 terms are met with. more so easier than other cases...because it is self petition.
My view of course..check with lawyer though.
 
Originally posted by abbelf
(3) Another thing is that knowing that I have to leave, I filed an NIW I-140 in March, 2003 myself without I-485 concurrent filing. If my OR I-140 becomes invalid due to my leaving, is it possible to change my I-485 application based on OR to make it based on my NIW?
Click to expand...
Since your past I-485 is based on OR I-140, the approval of this petition is completely dependent on your concurrently filed immigation petition, it is likely not transferable to other category. The priority date of 1-485 can not be earliar than your I-140. You need to file a I-485 petition concurrently with I-140 or later.
 
Thank you very much, guys. People in this forum are really warm-hearted. Actually I did hire a lawyer in my OR case. But he helped me so little that I submitted my NIW all by myself.

It seems that now I can only wish that my OR application will get approved without RFE.
 
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