AOS - Some Assistance

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BaSh

Registered Users (C)
I485 Pending - Assistance

Hi Friends,

My company layoff before I140, after that we got our 140 approved. Company Lawyer said you can continue your 485 if the company should not revoke your 140. My company said they are not going to revoke 140. I applied my AOS and got EAD and AP, but tillnow I am not using any of them, because I have valid H1 status till 2005. My AOS 180 days finished. Do you want me to go with H1 or EAD for any new jobs.

After layoff I applied new H1 and working on H1 at client's. If any RFE comes what are the documents should we present ? Please give your valuable suggestions. ?

What are the problems we are going to face in future ???

Thanks
BaSh
 
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Re: I485 Pending - Assistance

Originally posted by BaSh
Hi Friends,

My company layoff before I140, after that we got our 140 approved. Company Lawyer said you can continue your 485 if the company should not revoke your 140. My company said they are not going to revoke 140. I applied my AOS and got EAD and AP, but tillnow I am not using any of them, because I have valid H1 status till 2005. My AOS 180 days finished. Do you want me to go with H1 or EAD for any new jobs.

After layoff I applied new H1 and working on H1 at client's. If any RFE comes what are the documents should we present ? Please give your valuable suggestions. ?

What are the problems we are going to face in future ???

Thanks
BaSh
Click to expand...

Here is my take:

1. If you are laid off after 180 days (based on I-485 RD), you should not have any problem with AOS as long as you get similar job. Even you have, you can file MTR based on I-485 portability.

2. If you are laid off before 180 days, there are several possibilities: A. The company revoked I-140, you are out of luck. B. The company didn't revoke I-140 but reported your layoff, you are 99% out of luck, since the BCIS may revoke your I-140 based on your layoff. C. The company didn't report your layoff. You are in good luck (95% OK). The BCIS may still RFE you or require interview.

3. It is better to stay with H-1 due the uncertainty of the AOS. It may also be advisable to ask your new company sponsor a new GC application (LC->I-140->I-485) since you have more than 2 years on your H-1.

Just my own opinions, please consult attorney before you make any important decisions.
 
Bash

I agree with King1999.

You should not forget the fact that you changed job BEFORE 180 days. Whether, I-140 is revoked or not is immaterial. And whether BCIS is aeare of not is also immaterial. The day they know it, they will act on it.

I would do what King1999 says. File new LC-140 and 485 and you should be fine. It may cost time and money but that is the safest bet. While doing this, if you get GC then good luck.

(My I-140 was revoked and I-485 was denied. But I had changed job after 2 years of filing I-485. We had layoff and company informed BCIS about it. They did not ask BCIS to revoke I-140 but BCIS revoked automatically. I have filed MTR)


King1999 please help me. I have posted numerous questions on this board. You can search under my username after you hit "search button" on RHS of screen. Please help.

LongGC
 
long gc

this is a serious matter. i think i would get a good lawyer

i still feel ur case should be approved but go through a lawyer. sheila murthy is a good one. dont think of money at this point of time
 
Re: Bash

Originally posted by longGC
(My I-140 was revoked and I-485 was denied. But I had changed job after 2 years of filing I-485. We had layoff and company informed BCIS about it. They did not ask BCIS to revoke I-140 but BCIS revoked automatically. I have filed MTR)

LongGC
Click to expand...

LongGC,

My knowledge of immigration laws is limited. It may disappoint you, but please don't rely solely on any opinions of this forum, including mine. A good lawyer is not replaceable.

Based on the information you have posted, you have a very strong case in MTR since it was well over 180 days after your I-485 when your I-140 was revoked. To make the case stronger, you should find or keep a job which is similar to the one on your LC description and also has equal or more that the salary of LC. This is what you can do on your own efforts. Do what you have to do and leave everything to the hand of Fate or God.
 
King1999

Thanks King1999 for your reply.

I do have a job in the same job classification as my LC. My lawyer has prepared MTR. In that, he has attached following documents,

1. Offer letter from new employer stating current title/position, salary.

2. Supporting letter from new employer that they intent to hire me in the same job classificatiion after the GC is approved.

3. Letter from prevous employer that they did not ask BCIS to revoke I-140.

4. A cover letter stating why I should be adjudicated under AC21 106(c) and 204(j) and 180 days have passed etc.

Questions -

1. How long will MTR take?

2. Maenwhile, can I continue to work on EAD ? (EAD depends on I-485 and I-485 is denied).

Please help.
 
LongGC, I remember from your prior post that you were doing some Masters program & didn't have a job when you learnt abt the 485 denial.
Now looks like you have got a job now. That's encouraging for you.
Maybe these are signs for that luck will be in your favor now.
best wishes.
 
King1999 & Goastros

Yes, I have a job but that makes me feel little better that I do not have to leave country immediately. But the problem still remains that my EAD is invalid and I can not work so having a job does not give me any income. I will get the income only if my I-485 is adjudicated.

longGC
 
Re: King1999 & Goastros

Originally posted by longGC
Yes, I have a job but that makes me feel little better that I do not have to leave country immediately. But the problem still remains that my EAD is invalid and I can not work so having a job does not give me any income. I will get the income only if my I-485 is adjudicated.

longGC
Click to expand...

I am not sure about the validation of your EAD. Maybe after BCIS accepts your MTR, the EAD will become valid since you have I-485 under consideration? Check with your lawyer about this.
Good luck.
 
King1999

King1999,

I received mixed answers from various attorneys on validity of EAD.

Some say, I-485 denied, EAD is invalid, can not work.

Some say, I-485 denied, MTR filed, EAD is valid and can work up to 180 days.

I am not sure how these 180 days have come up and where this is written.

Can anyone update on this please?
 
why not apply for a new H-1B

longGC, if you have an offer and your employer supports you, why don't you ask them to apply for a new H-1B with premium processing? H-1B does not conflict with your I-485 application. Then you will be in a much better shape. Good luck!
 
stillWaiting88

but are you sure that I can apply for H1b even though

1. my 6 years have expired and
2. I have I-485 pending and
3. used EAD?

Please help.
 
LongGC,

I have asked my Lawyer to extend or file a new H1 for me since I had issue with my expired H1 with the border patrol, although, I have pending I-485. My Lawyer told me that this is no longer possible because I have used EAD and already exhausted my 6 years of my H1.

I have a question for you on your MTR. Did your Lawyer file your MTR in TSC or to the Immigration Court ? I always thought that having your case heard by Immigration judge has more positive outcome to your case because immigration judge do understand the immigration law better than an ordinary BCIS adjudicator.
 
MPHILIP28

I filed MTR at BCIS. You are talking about appeal which is done at AAU. I heard the oopposite. AAU takes more time than BCIS.

In my opinion, everyone involved should know the law equally well.
 
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