AOS RFE-recvd, AC21, company closed before 140 approval,lawyer problems

R

ramavataar

Registered Users (C)
hi! Friends,

AOS RFE asks for

1) photo <<< no problem

2) EVL << no problem

3) Petitioners ability to pay:Provide evidence of the petitioner's ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time of priority date is established and continuing until the benediciary obtains lawful permanent residence. Evidence of thid ability shall be either in the form of copies of annual reports, federal tax retuns, or audited financial statments<<<



The petioner is requested to provide this evidence from 2001 to the present


In the light of AC21 how much company C(startup with 60+ people, good financial condition) Can provide this.

I had to work for Company B on H1, had terminated from company A before 140 approval, 140 approval took 1 year. Now working for company C on EAD..Its now 2 years for pending AOS total.

Had to leave A before 140 approval and had to change company to B before 180 days is scary part for me..I have read lot of doc. about GC for future job..my 140 is still in approved state..Company A(startup of 300+) is still in bankruptcy.

Company C lawyer is also confused and company B name had been kept secret by me till now.
Company A lawyer was supporting, and he had recommended to file 485, 2 year back.



To add some more complication, my lawyer(company C) was trying to transfer H1, keep in mind I joined C on EAD. I dont what she is doing..as per experts on forum...once on EAD invalidated H1 status and transfer is not possible..

dont know which lawyer to use company A's, or company C's

Pl. show me some light

-Thanks for time and help
Rama
RD: 02-168-xxxx
 
First, I am sorry to hear about your case.

There is still hope but I need the events in chronological order.

Company A
Company B
Company C

Along with it, please put the stages as H1, EAD, I-140 approval date, I-485 filing date.

After reading, the first hand answer is, you need to have the I-140 filed from present employer. This is called amendment of I-140 or successor in interest. Then Please note that to use AC21, you need to have
1 year passed after I-140 approval before you change employer AND
180 days passed after filing I-485.

Please do search this forum extensively and consult different lawyers. At this moment please do give detailed stages in chrinological order.

All the best.
 
Who said so?

For AC-21 it is 180 days after applying for 485 given the I-140 was approved. There is nothing that says you have to be on I-140 one year after approval to change employers.
 
details

hi!

chronological order
-------------------
Company A
Labour filed:jan 2001
140 filed:march 2001
company filed for bankruptcy:oct2002

Company B
oct 2002 joined B on H1 transfer
Jan 2003 got EAD for GC process thru A
terminated march 2003, had to sit on bench for 3 months

Company C
March 2003 joined via EAD


what is meant by below ---from 3rd part of RFE

The petioner is requested to provide this evidence from 2001 to the present


Thanks,
Rama
 
Ram

You have still missing peices.

When did you file I-485?

Is company A still existing or is it closed?

Did Company B or C filed an ameneded I-140 with successor in interest?

Did you search the site for word "successor"? If you would, you get the key of how this happens or should have happened in your case.
 
longGC - sorry to confuse

Ram

You have still missing peices.

When did you file I-485?
>>>I filed 485 in April 2002
Is company A still existing or is it closed?
>>>they filed for bankruptcy but it is still alive to settle courtcases...no employee working.

Did Company B or C filed an ameneded I-140 with successor in interest?
>>>Nope

Did you search the site for word "successor"? If you would, you get the key of how this happens or should have happened in your case.

>>>thanks for pointer let me search and see from that angle..
>>I used EAD to join C in similar job as company A, and >>here I want to send AC21 letter and change of intend >>and proof that..since 485 is pending for more than 180 >>days, job title is same and basic priciple of GC is its for >>Future job and applicant need not have to work for >>sponsoring company during the course of GC >>processing..

>>This is my strong point, dont know how can I defend..

Thanks,
Rama
 
Ram

In my opinion, you should be fine if company C files for your I-140 ( no need to have another I-485). It is called successor in interest and also called amendment of I-140.

Also, you need to use AC21. Basically, you need to get letter of employment from Company C and a statement that they will hire you (or in other words continue your employment) after GC approval. In my case the wording was " It is our intention to hire Ram after his pending I-485 petition is approved.....
"

Consult a good attorney. All information is available on this forum if you only know how to search.

In my case I-140 and I-1485 was filed while working for company X. Then company Y took over but filed amendement of I-140. Later company Y laid me off and I joined company Z. Company Z gave a letter that they will hire me after GC approval.
 
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