Anyone approved with concurrent filing, changed jobs before I-140 approved.

E

enjoys1

Registered Users (C)
Is there anyone whose I-485 got approved who
1) concurrently filed I-140 and I-485 and
2) changed jobs(using EAD) before I-140 was approved.

Thanks

I am eagerly waiting for the result of my I-485 petition with my fingers crossed.
The H1-B visa in my passport expired in Jan' 04 and I don't know how long this year's H1-B visa quota will last !!!.

The details of my case are here.
http://boards.immigrationportal.com/showthread.php?threadid=125058
 
INS has indicated that AC21 would not apply under these circumstances thereby rendering your I-140 and I-485 petitions useless/unapprovable.

There may be cases in which INS just didn't try to look deeply and did not issue RFE etc. (I have seen people applying 485 after getting laid off, fabricated employment letter etc. and got approvals. This was one of the reason INS started sending RFEs en mass ). but that does not mean they will also do the same with your case. (you made a big mistake not keeping your H1 alive and not using H1 transfer to join another employer). -> did you mean your visa stamp expired ? or the H1 approval expired ?

If your 485 is pending you can extend your H1 even beyond statutory 6 year period on H1. Moreover, H1 extn. cases do not fall into quota . Why did you let you H1 expire, you are unlikely to be able to extend it anymore because you are not in H1 status. New H1 visa petition will now fall into quota which is already over for this year. Moreover, you will also need to check if changing status to H1 will jeopardise your 845 ???
 
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Hi goodsaint,

Unfortunately both the H1-B visa stamp and H1-B approval expired.

If my I-485 is denied there is no way I can work again this year is it ??
 
Keep your fingers crossed. Hope things will workout for you.

You are right, if 485 is denied, you just leave the country right away. This is the advantage of keeping H1 alive (until it becomes impossible)
 
Though I did not change jobs using H1-B I think uscis can clearly see that I changed jobs before I-140 approval. This is because
* I recently received my I-140 approval notice in April 2004.
* I also replied to an RFE for my I-485 in May 2004 with an EVL from the new employer that states that I have been working for them since Sep 2003.

Keeping my fingers crossed
 
My lawyer prepared the EVL from new employer and he had the start date in it too.
I noticed this recently when I was going through the papers sent towards my I-485 RFE.
 
your lawyer should have not put the start date (is he crazy or something... he unnecessarily told INS that you switched job before I-140 approval.... wish IIO does not read the EVL carefully). In EVL, the employer simply needs to say that the employee has been offered a job with this description and this much salary.

You didn't say you had I-140 approval. This is a good news.
 
Just a thought...
someone changed the job before I-140 was approved, but past 6mons of I-485 (concurrent filing) and this happened before the ac21 clarification on I-140 was issued. Can it be argued that the applicant should be given the benefit of doubt?
 
The lawyer has to fight to claim "the benefit of doubt" right !!

In the entire INS/uscis history has there EVER been a case where the applicant was granted "the benefit of doubt" ?

Thanks
 
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