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

[maybesomeday]

I posed the question but haven't got a response back yet. I believe it was the ac21 company but I will confirm.

I got a response back...the case she was referring to was simply replying to an 485 RFE (employment history) after 140 was approved but before 180 days. So technically it's outside the "normal" use of the ac21 memo since it the job switch was done before 180 days. This won't help me however.

 

[chongyip]

Now I understand the lawyers advice a little better. Before I was under the impression that for processing purposes a new 140 would retain the old 140 received date.

What your lawyer is suggesting is to file a new 140, you will get a new received date but link it to the old 485 which will maintain the old received date.

I believe this is allowed. It does look odd that you can only file 485 with a 140 at the same time or prior to 485. However, it would give the appearance that 485 was filed prior to the new 140. If lawyer says it is o.k. then it should be fine.

I assume it is feasible because both lawyers suggest the same method. I just don't know if we can do that, why do people need to wait for I140 approval and what is the point of AC21? New employer can simply file another I140 to continue the process....Do you have any thoughts, UN?

 

[chongyip]

There are just too many gray areas in immigration law/regulation/guidance.....As long as they don't screwed up my application again, and the GC process can continue, it's fine.....
Are you back to USA already? How is your work situation now?

 

[chongyip]

I'm very sorry to hear about your situation. Yes, this GC process is really a pain and often times I think we're not criminals and we definitely not needed to go through this type of check/investigation. If you still remembered, my I140 RFE put my AP and EAD on hold for a long time. Because of that, I missed out very important moments in life (sister's wedding and grandma's funeral). I really hated USCIS at that time.....However, I have to admit that USA gives a lot of career opportunity for both me and my husband. We'll see, if things don't work out, we still have lots of other options. So, don't put ourselves in too stressful situation, things are not under our control.....Hope you'll be fine.

 

[whyworry_2003]

So if old company is related to new company then no LC is required :is that a fact or a just a rumour, cause I could probably try to get a new 140 on that basis . Also is I were to take up a different position in the same company , then is there any chance of RFE where I have to show what position I am in?

 

[whorl1quote]

this is what I explicitly asked my lawyer so I do not think it's a rumor. it's always better to get second opinion.

as long as the job description is the same, you do not have to inform uscis. no problem at all. no RFE no this.

So if old company is related to new company then no LC is required :is that a fact or a just a rumour, cause I could probably try to get a new 140 on that basis . Also is I were to take up a different position in the same company , then is there any chance of RFE where I have to show what position I am in?

 

[whorl1quote]

I do not understand at all why would you guys need greencard AT ALL since you could work on TN??? what else Canadian cannot do in the US without green cards???

 

[whorl1quote]

UN, do you know anything about H1 revocation and if i am going to get an RFE if i just want to quietly wait out my I140 approval after leaving the company?

I talked to one of my coworkers and find that my employer may revoke my H1B but not I140. Since I want to quietly wait until I140 approval without sending AC21 letter unless i got RFE, will the revokation of the H1B signal to CIS of my employment change? Can I argue that I start using my EAD so I do not need the H1B?

 

[cscwaitlong]

My attorney is from a big law firm in the bay area and is one of the few who thinks it is OKAY to change job after 180 days even if I-140 is not approved.

But ,I think , unless it is absolutely necessary it should be avoided. CSC has already processed mine late December I-140 case, whorl1quote you should quietly wait if:

1) Your current company has good/okay fianancials.
2) You do not expect any educational issues.

 

[askgc]

Pardon my Ignorance

Do you have EAD/AP. If you do then you would not have problems with work status.

Uscis doesn't ask RFE's in cases of revocation of h-1b. Later on they could ask you to demonstrate that you had the legal right to work when you did during your whole stay in USA. If you didn't work then you would be fine since greencard is for future job, if you did work then EAD would be fine.

If H1b is transferred to another employer can the old employer still
revoke the H1b?

 

[maybesomeday]

I do not understand at all why would you guys need greencard AT ALL since you could work on TN??? what else Canadian cannot do in the US without green cards???

The TN/TD process provides no reall benefits to a depedant spouse. Mine, for example, has not even had a SSN until we recently got our EADs (5 years). And for sure she is not able to work if she wanted to. Also, if you have to change jobs you have to physically leave the country. If you have American kids you can try leaving them at your US home while you both try to get your TN/TDs at the border. In some states, they will only issue you a drivers license for the period that you have a valid visa which means you will have to renew every year and pony up the fees for that as well.
It's easy but then it's also a pain in the arss.
Now that I've gone and applied for AOS, everyone tells me that I can't go back to a TN (at least easily).

 

[askgc]

Yes

The old employer has the obligation to inform uscis that you are no longer working with them by cancelling the h-1b. That has no impact on you if you have transferred the h-1b to another employer.

That was the exact understanding of mine. It is not like 140 revoke.
It doesnot effect the H1b person at all and now whorl1quote does
this make sense to do H1b transfer and not loose H1b status, if you wish
to keep.

 

[whorl1quote]

thanks for all the answers. however since i just want to quietly wait out I140 approval after leaving the company, won't it be to my disadvantage if the company inform uscis that i am no longer with the company? will my I140 still get approved if they do inform the uscis?

also, i can work on my EAD. would transferring H1B tell uscis that i have changed employment? i understand it's always safer to have h1b status in case.

The old employer has the obligation to inform uscis that you are no longer working with them by cancelling the h-1b. That has no impact on you if you have transferred the h-1b to another employer.

 

[mmrajesh]

I changed my job before I140 approved,
Two month before I got layed off, I start using my EAD
I did't file AC21


thanks

 

[mmrajesh]

I'm also same boat, Last July I got layed off, My company assure me that they don't withdraw my 140 but if they reicved any ref they don;t reply back.
For a past two month I consult many lawerys, no body come up with correct answer,
so I decided to start using my EAD.

Last month I took a full time job using my EAD.
I did't file AC21.

thanks
email: mmrajesh@yahoo.com

 

[chongyip]

mmrajesh,
What is your I140 Notice date? Are you close to being approved?

 

[mmrajesh]

 

[mmrajesh]

My I140 and 485 filed on Jan-12-2004
Layoff date July 15
Start Using EAD - Sep-5
140 and 485 Pending still pending


Thanks

 

[lisansw]

Technically, by the time of I-140 adjustment, the position should be still exist. In real life, I know many people had their case approved who left original sponsor with pending I-140. It is possible that you can continue with your process without uscis's attention. Of course you need to work out with your employer do not to withdraw I-140, in most case they are willing to do so. The biggest issue need to worry here is when RFE come and it is very much depended on your relationship and the other only problem is if RFE asks for pay slip.

In Bay area, many people have no choice other than change job before I-140 approval. A few examples, a big company cut from 4000+ people to 30, a smaller company cut from 100+ to 5. I know a couple friends were working for these companies with both I-140 and I-485 pending over 180 days. Changed job, then later I-140 approved. In a few cases, I-140 RFEs were issued. Most of them dealed with emloyor well and got RFEs replied, interesting thing is in a number of cases they did not ask for pay slip.

 

[whorl1quote]

lisansw, this is very insightful information to many people here. I've researched this issue for over a month now and my understanding is exactly what you described. The most troublesome case would be RFEs on payslips.

I think there are two ways to deal with payslip RFE:

1. ask the old employer to issue an "intent of employment letter". This will transform the I140 case into future GC case. since the employer intends to hire you when your I485 is being approved, it is of couse you do not have payslips yet.

2. ask the new employer to reply the RFE with new payslips along with AC21 letter.

In reality, I am not sure if solution 1 will work. As respect to solution 2, I think there is a good chance uscis will take the ac21 case. Someone hinted me before that he/she consulted several atternies who were heavily involved in AILA. It seems uscis and AILA have had the consesus to allow AC21 on concurrent I140/485 which has been pending for more than 180 days.

Although payslip RFE is the toughest, problems still exist if the RFE is about W2 or employment verification. The W2 may reveal the fact that you did not get paid throughout the year, depending on the timing of the RFE and stop of receiving salary. Also the old company may not issue an EVL since you are really not employed with them. It's also tricky to get "intent to employ" letter if it's an layoff.

Of course, I get 70% chance not having to deal with any RFE issues.