Best Practice

[gc_takeiteasy]

Hi gurus,
We've seen in this forum cases that after changing employer, old employer revokes his/her I-140 and the candidate's gets a I-485 denial for various reasons.
Can someone reply with what is the best practice to avoid such denials? So that, even if its denied, they have enough evidence that they DID FOLLOW the correct process and fight against the denial.
Things could get tricky, since we typically have to give 14 day notice to the employer before leaving. In that time employer can revoke the I-140, and by the time you join the new employer and send the AC21 documents, its TOO LATE
How soon one should apply (inform USCIS) that he/she is using AC21 portability?

(if its already been discussed, please mention)

Thanks in advance

 

[ginnu]

Hi gurus,
We've seen in this forum cases that after changing employer, old employer revokes his/her I-140 and the candidate's gets a I-485 denial for various reasons.
Can someone reply with what is the best practice to avoid such denials?
So that, even if its denied, they have enough evidence that they DID FOLLOW the correct process and fight against the denial.
--------------if I-485 pending more then I-485 days and I-140 is approved invoke AC21 with pending I-485 by sending new employer job offer letter. keep the copy of documents that were sent to USCIS. USCIS may not attach the new employer letter with pending I-485 and may send RFE ( your past lawyer who filed I-485 may get RFE, better to change that lawyer and file AC21 through your new Lawyer. revoke the G28 filed by past employer by writing letter to USCIS

Things could get tricky, since we typically have to give 14 day notice to the employer before leaving. In that time employer can revoke the I-140, and by the time you join the new employer and send the AC21 documents, its TOO LATE
------------ if you are eligible for AC21 then AC21 protect you even if the past lawyer revokes I-140 after I-485 pending more than 180 days. USCIS has 2-3 AC21 Memo read them
How soon one should apply (inform USCIS) that he/she is using AC21 portability?
---------- once join new employer send the AC21 documents by certified return reciept
(if its already been discussed, please mention)
------------- read/search the threds
Thanks in advance

 

[vicky007]

How soon one should apply (inform USCIS) that he/she is using AC21 portability?
---------- once join new employer send the AC21 documents by certified return reciept

ginnu, can an employee send a letter to USCIS about his employment with Employer B while technically he is still an employee of Employer A ?
ie
is it possible for a employee (on EAD) to send his AC21 letter to USCIS 2-3 days before he gives 2 weeks notice to employer? This would enable the employee to see that his letter to USCIS for AC21 reaches USCIS before employer sends the revocation letter and thus avoid the anxiousness of possible RFE's/ or having to go to MTR/AAO process due to errenous rejection of I-485 by USCIS.

 

[ginnu]

ginnu, can an employee send a letter to USCIS about his employment with Employer B while technically he is still an employee of Employer A ?

----------------- if one is working with A on H1 and employer B file the LC, I-140 then one can send B job offer letter as GC is for future job
ie
is it possible for a employee (on EAD) to send his AC21 letter to USCIS 2-3 days before he gives 2 weeks notice to employer?
------------------New job offer is needed at the time of I-485 approval under AC21.
This would enable the employee to see that his letter to USCIS for AC21 reaches USCIS before employer sends the revocation letter and thus avoid the anxiousness of possible RFE's/ or having to go to MTR/AAO process due to errenous rejection of I-485 by USCIS.

------------why dont you post your full case details like I-140 approval date, I-485 filing date, are you on H1, till what date H1 is approved .present situation and what you want to do.

 

[TheRealCanadian]

This would enable the employee to see that his letter to USCIS for AC21 reaches USCIS before employer sends the revocation letter and thus avoid the anxiousness of possible RFE's/ or having to go to MTR/AAO process due to errenous rejection of I-485 by USCIS.

The problem with this reasoning is that if an I-485 is denied despite AC21 eligibility, then USCIS is not following their own written procedures. Why would you assume that if they do this, that they would follow procedures by filing the AC21 letter proactively and not denying the case in such a circumstance?

I don't trust USCIS to do anything with a proactively filed AC21 letter. However, I also haven't heard of recent cases where I-485s were denied in error based on an I-140 revocation.

 

[vicky007]

------------why dont you post your full case details like I-140 approval date, I-485 filing date, are you on H1, till what date H1 is approved .present situation and what you want to do.

OK here is the scenario for me:

My I-140 was approved 1.5 yrs back (EB-3 India, PD June 2002) and I-485 is pending for nearly 3 years. I do not have a valid H1 at this point of time and am ony my EAD(3 renewals).
If possible i wish to send AC21 letter before the employer sends a possible revocation letter to USCIS(during the 2 weeks notice period).Can this be done?

 

[ginnu]

OK here is the scenario for me:

My I-140 was approved 1.5 yrs back (EB-3 India, PD June 2002) and I-485 is pending for nearly 3 years. I do not have a valid H1 at this point of time and am ony my EAD(3 renewals).
If possible i wish to send AC21 letter before the employer sends a possible revocation letter to USCIS
------------- even if the employer sends letter to revoke the I-140 you are safe to use AC21. you are protected by AC21. did not you read AC21 Memo??? your request to invoke AC21 should reach USCIS before I-485 approval.

 

[vicky007]

Thank you very much ginnu.I appreciate your quick repsonse.