Not sure if this belongs here, but here goes:
I was sponsored by "A" for GC..
After labor/I-140 approval and 6+ months after 485 was pending,
Took another job after layoff..
However the job was not "same or similar" (so could not use AC-21)
But I took the risk and took it.. (previous employer did not revoke I-140)
By now, I have completed more than a year at the current employer.
The fact that dates are retrogressed helped me..USCIS did not send any RFE
Now I have heard that USCIS is "preadjudicating" retrogressed 485's
i.e they could send RFE's etc even when the dates are not current..
Looks like that they could deny a 485, even if the dates are not current, but to approve they need dates to be current..
I am worried that USCIS could send me a RFE and find out that I am not doing a "same or similar" job. Hence they could deny the 485.
Can I convert to L1 in this case ? Am I eligible ?
Should I take another chance hoping that the USCIS will not catch it?
and try to convert to L1 only if 485 is denied or should I ask the current employer to file a L1 petition on my behalf as soon as I get any RFE or dates become current ? (as a backup) : will still have to convince current employer to file L1 whom I had told that "I do not require sponsorship" while joining..
see my previous post:
http://www.immigrationportal.com/showthread.php?t=202840
- d_wong
I was sponsored by "A" for GC..
After labor/I-140 approval and 6+ months after 485 was pending,
Took another job after layoff..
However the job was not "same or similar" (so could not use AC-21)
But I took the risk and took it.. (previous employer did not revoke I-140)
By now, I have completed more than a year at the current employer.
The fact that dates are retrogressed helped me..USCIS did not send any RFE
Now I have heard that USCIS is "preadjudicating" retrogressed 485's
i.e they could send RFE's etc even when the dates are not current..
Looks like that they could deny a 485, even if the dates are not current, but to approve they need dates to be current..
I am worried that USCIS could send me a RFE and find out that I am not doing a "same or similar" job. Hence they could deny the 485.
Can I convert to L1 in this case ? Am I eligible ?
Should I take another chance hoping that the USCIS will not catch it?
and try to convert to L1 only if 485 is denied or should I ask the current employer to file a L1 petition on my behalf as soon as I get any RFE or dates become current ? (as a backup) : will still have to convince current employer to file L1 whom I had told that "I do not require sponsorship" while joining..
see my previous post:
http://www.immigrationportal.com/showthread.php?t=202840
- d_wong