calling ppl who might change jobs / laid off before I140 approval

whorl1quote,

What I treid to say is that the hope is there even you need to change job before I-140 approval. In the worse case, even RFE arrive you still have chance. You may even not have RFE. Specially these days seems RFEs are less than last year. So relax now deal it when it comes.

I agree with you 100% the important is when the RFE arrive and what it asks for. Your option 1 is good. I guess if you are a good employee (most of time we are and we have to be :) ), you may be able to deal with your old company. Many companies feel guilt to let good employee go due to financial situation and they are willing to offer help within the legal range of course although there are many companies on the other side too.
 
lisansw/whorlquote,

My whole intent of switching employer before 140 approval is my current employer can't handle 'Ability to Pay' RFE. In my case RFE is 1,000% sure as it was denied before on company financials.
If I switch to new employer and send AC21 letter & other docs, to whom USCIS sends RFE new or old one?
Will uscis accept new employer defending financials? OR uscis outrightly denies orig. employer did n't have 'ability to pay' ?

Is there any solution to save my 140?
 
lohith, if you are 100% sure your current employer cannot pass the ability to pay, using AC21 may give you some chance if you can stay until after 180 days. However, since you haven't gotten your RFE yet, why not just wait and see. Maybe you will get an approval instead of RFE. You will only need to invoke AC21 using the new employer if you do get RFE on your 2nd I140. Are you still with the same employer who couldn't pass ability to pay of your first I140? The same company filed I140 twice? If that's the case, try to wait until approval or RFE. if again ability to pay RFE, you may get a better chance invoking AC21 than trying to fight ability to pay, as you've had a failure case.
 
whorl1quote said:
lohith, if you are 100% sure your current employer cannot pass the ability to pay, using AC21 may give you some chance if you can stay until after 180 days. However, since you haven't gotten your RFE yet, why not just wait and see. Maybe you will get an approval instead of RFE. You will only need to invoke AC21 using the new employer if you do get RFE on your 2nd I140. Are you still with the same employer who couldn't pass ability to pay of your first I140? The same company filed I140 twice? If that's the case, try to wait until approval or RFE. if again ability to pay RFE, you may get a better chance invoking AC21 than trying to fight ability to pay, as you've had a failure case.
Click to expand...

I'm still with same employer who could n't pass 'Ability To pay' since Y2002.
During RFE/appeal, employer/attorney kept me in optimistic mode with that uscis officer would be kind this time. Eventually, re-filed 140 in 06/2004 as I could n't get right sub-labor and transfer current project to new employer.

I'm being paid LC wages since 1/04 only. For prior years Y01/02/03, current employer couldn't pass 'Ability to pay' infact company was in losses in Y01/02.

Right now, my client extended the offer that he would hire me when I'm ready with GC stuff as this is 'contract-to-hire' position but not ready to start 'whole GC process' from scratch/labor.

As you said, right time to switch will be after 180days (01/2005) of I-485. By that time VSC won't pick-up my eb2/140, so I can proactively send AC21 letter to defend impending RFE/Denial. What do you think?

My dilemma is would uscis/vsc accept new employer's financials to defend RFE/Denial on AC21 basis? Is it worth-while to take this risk?

as you know folks, 'naanshi' did exactly what i'm been upto. So, is it all depends on 'naanshi' AC21 outcome?

Plz advise.
 
I'd recommend you to wait until 01/05 to switch to new employer. do not send AC21 until you get approval or RFE. there is a chance to get approval, i wouldn't complicate things by sending AC21 before uscis's decision.

it's still a gray area if uscis would accept AC21 before I140 approval. It's all about your own judgement which way you get better chance. for example, using old company's financial get you 40% chance but Ac21 gets you 80% chance. I'd use AC21.
 
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