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

W

whorl1quote

Registered Users (C)
(cross post sorry)

anyone who might be changing jobs or be laid off before I140 approval and is unsure if AC21 would work? I think it'd be nice if we can connect through emails.

I am also calling those who had left their jobs with pending I140. Some of you may have sent AC21 letter or have replied RFEs or have been just waiting. Since this is such a gray area now, we should keep one another updated on the last development!

please send me a private message with your email. I will start a yahoo group to keep everyone updated.
 
I've been reading your case, we're on the same boat. Have you filed an AC21 already? I'm still waiting for a 2nd opinion from another lawyer...
 
now i am in the stage of negotiating with current employer not to withdraw my case or even support my case after I leave. However, the biggest problem comes if I get an RFE for paystub or W2. My company is a big one so it's unlikely they will do anything byond doing nothing or sending company finances.

The last measure would be to ask my new employer to send in AC21. It's risky and I am not sure if CSC is going to approve it.

chongyip, it's lucky that you do not have to go through labor. My labor took 3 years to clear. It's very unfortunately if i have to start over the GC.
 
In a sense I'm lucky because my occuptaion doesn't need labor cert.....and I'm sure that my company is not going to withdraw I140 because it is a closure and they promise they will keep all our applications. Did you read my msg about my lawyer's proposal? She said as long as the new employer file another I140 and date back the filing date to the original filing date, this GC process will be able to continue. I've never heard of this method before, that's why I need a 2nd opinion to confirm because I don't want to put myself in jeopardy. I should have an answer within a day or 2. I'll definitely update you.
So far, I haven't seen anyone's I140 got approved after using AC21, only one case in Texas but not in CSC, that's why I'm reluctant to try.
 
Whorlquote
Are you changing after I140 approval or before. If before can is it already 180 days. I am in a very delicate position and may or may not be laid off afer jan. my rd is july so my 180 days for 140 will be up in jan. pls advise?
 
whyworry_2003, both my I140 and 485 have been panding more than 180 days. It's unlikely that my I140 will get approved before i chang to the next employer in Dec 2004.

since your rd is july, i heard about one third of the cases will get picked up in the pilot program. If your lucky, you will get your GC in 90 days of filing. If not, then you are in the regular queue, which is currently take about one year to get I140 approved.

chongyip, i am very interested in knowing the option of filing second I140 based on the old LC. however, i did check with my lawyer. She said it's not possible to file two I140s based on the same LC, since the new company name is not the same, unless i can prove the two companies are parent-subsidary relationship. Your case may be different since you do not need LC. Why don't you just file a new set of I140/485? The pilot program may get you green card in 90 days.
 
i won't be qualify for pilot program as i am under EB3....i'll for sure let you know about the answer.
 
Whorlquote
I am EB3 as well so dont qualify for the pilot.I am trying to convince my company to let me stay for 6 more months because after hopefully by July approval should come as it is concurrent.
 
Hi everyone,
I am in the same boat, and it happened to me that I was laid off before I140 approved and I just got RFE recently. I am waiting for the final decision from CSC. I won't give up until I got denail letter. hanging there, guys.
painful140
 
I got a reply from another attorney, she said the same thing! Since my current company is closing down and they are not going to withdraw the I140, the new employer will just need to file another I140 to continue the process. She said it is for insurance sake to file a new I140 just in case the old one gets deny in the future.
Although I still don't understand how it works to link the new I140 to the old I485, I have to believe that it will work because 2 different lawyers said the same thing. My case is different because I don't need a labour cert.
Really interesting, then why do people need to wait for I140 approval before they can switch job? As long as the new employer is willing to file a new I140, I140 approval is not an issue.....
 
chongyip said:
I got a reply from another attorney, she said the same thing! Since my current company is closing down and they are not going to withdraw the I140, the new employer will just need to file another I140 to continue the process. She said it is for insurance sake to file a new I140 just in case the old one gets deny in the future.
Although I still don't understand how it works to link the new I140 to the old I485, I have to believe that it will work because 2 different lawyers said the same thing. My case is different because I don't need a labour cert.
Really interesting, then why do people need to wait for I140 approval before they can switch job? As long as the new employer is willing to file a new I140, I140 approval is not an issue.....
Click to expand...

That's pretty intersting. Did the other lawyer say that the old amended 140 with a new employer is specific to applications without labor certification, ie., schedule a workers.
 
I asked many times how the new I140 can link to the old I485, but none of them answer my question.....
 
My concurrent EB3 140/485 application was submitted late last November at CSC. Shortly after submission the company did a huge layoff. The guy that did the submission said they would help as much as they could legally. Well that guy has quit himself with his last day last Friday. This week I get notice of an RFE for the 140. My worry is that there's a new guy replacing the old guy and the new one may respond to the RFE incorrectly or outright withdraw the app.

My lawyer (and there's) said that she has previously done a post layoff I-140 RFE response which was basically an AC21 notification. She said that the overall application was approved (layoff before 140 approved but after 180 days). So maybe there's some hope if we try the same thing.
 
What I understand from my lawyer is that there should be a LC for the new I140 to be based on. of course it'd be a different story if no LC needed. Unless the new company can prove its relationship with the old one which owns the LC, the new one cannot use the LC to file I140.

But who knows, CIS can do anything they want. they may approve the new I140.


chongyip said:
I got a reply from another attorney, she said the same thing! Since my current company is closing down and they are not going to withdraw the I140, the new employer will just need to file another I140 to continue the process. She said it is for insurance sake to file a new I140 just in case the old one gets deny in the future.
Although I still don't understand how it works to link the new I140 to the old I485, I have to believe that it will work because 2 different lawyers said the same thing. My case is different because I don't need a labour cert.
Really interesting, then why do people need to wait for I140 approval before they can switch job? As long as the new employer is willing to file a new I140, I140 approval is not an issue.....
Click to expand...
 
what kind of RFE did you get? how would your old company respond to W2 or paystub RFE? It'd be easy if it's RFE for company financial statements.

Can you find out more information about the case your lawyer mentioned? which service center? What's the RDs of I140, etc?



maybesomeday said:
My concurrent EB3 140/485 application was submitted late last November at CSC. Shortly after submission the company did a huge layoff. The guy that did the submission said they would help as much as they could legally. Well that guy has quit himself with his last day last Friday. This week I get notice of an RFE for the 140. My worry is that there's a new guy replacing the old guy and the new one may respond to the RFE incorrectly or outright withdraw the app.

My lawyer (and there's) said that she has previously done a post layoff I-140 RFE response which was basically an AC21 notification. She said that the overall application was approved (layoff before 140 approved but after 180 days). So maybe there's some hope if we try the same thing.
Click to expand...
 
i found this stats interesting. who do you guys think?

28.76% you got RFE. 10% (my feeling) CIS is to reject AC21 on pending-180days I140s. 50% chance to win after motion to reopen. so the chance to NOT get GC is:

28.8% * 10% * 50% = 1.44 %

if you want to take one step further to file lawsuit in federal court, you may win 50%.

Thus you got 0.72% to not get green card. do you want to take the chace?
 
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?
 
unitednations said:
Can you find out from your lawyer which company responded to the RFE. Was it the original company or the ac21 company. If the request was for company tax returns which company replied to it.

This would be of tremendous help to everyone.
Click to expand...
I posed the question but haven't got a response back yet. I believe it was the ac21 company but I will confirm.
 
whorl1quote said:
what kind of RFE did you get? how would your old company respond to W2 or paystub RFE? It'd be easy if it's RFE for company financial statements.

Can you find out more information about the case your lawyer mentioned? which service center? What's the RDs of I140, etc?
Click to expand...
I don't know what the RFE is yet. The online status showed it was sent out on the 27th. I'm hoping like you that it's just company financials which I think they would still be willing to do for me. They would not respond if it were W2 or paystubs.
I think the RD of the 140 was like the first or second week in November last year. The processing center was CSC.
 
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