Can I use Ac21 before 140 approval? If not what are the oether options I have?

G

gc4now

Registered Users (C)
Hi ginnu and other gurus,

Thanks for your great support for this forum.
My I140 is in pending for a long time( RD march,2004). My employer is exploiting a lot and taking advantages of delays.

Please help me by guiding how to change employer at this point.

Can I use AC-21 if I140 is not aprved and 485 is pending for more than 180 days. If I can not, what are the other options I have to change employer with out affecting my current status.

Please help me to come out of this barbed fencing.


Regards,
gc4now
 
gc4now said:
Hi ginnu and other gurus,

*** though i am neither ginnu nor any guru, here are my thoughts :p

Thanks for your great support for this forum.
My I140 is in pending for a long time( RD march,2004). My employer is exploiting a lot and taking advantages of delays.

*** u r not the only one who feels exploited, there are many of us including me....

Please help me by guiding how to change employer at this point.

Can I use AC-21 if I140 is not aprved and 485 is pending for more than 180 days. If I can not, what are the other options I have to change employer with out affecting my current status.

**** u can transfer to another employer only if u have a valid H1 and that the new employer agrees to transfer it to them. if u use EAD to work for new emp. then it seems ur 140 will be withdrawn by the current emp and that will END your journey on the path to GC .... :eek:

Please help me to come out of this barbed fencing.

*** i wish i could be more "sweet" to you, but real things in life are always "bitter" :cool:

Regards,
gc4now
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Hi

Hi,
Yes I understand most of us are being exploited. But you know the intensity varies. I am getting just 50% of my billing and has been working for a longtime and living in below standards. Now he is making me frustrated in answering RFE. I have many good offers out side. I applied for 7 th year extension(6th year already expird) and I did not get H1 approval yet.
If I change employer can I apply for H1 transfer based on the information that I applied for extension.
My I140 will be withdrawn if I leave the company. Can I attach present EAD and I485 to a new I140 if I find a new employer who is willing to apply I140.

Please help by advising on this.


Regards.
 
gc4now said:
Hi,
Yes I understand most of us are being exploited. But you know the intensity varies. I am getting just 50% of my billing and has been working for a longtime and living in below standards. Now he is making me frustrated in answering RFE. I have many good offers out side. I applied for 7 th year extension(6th year already expird) and I did not get H1 approval yet.

*** u need to wait until you have the approval in hand. also, prior to joining the new comp. on H1, make sure the transfer is done.

If I change employer can I apply for H1 transfer based on the information that I applied for extension.

*** i don't think u can get a transfer based on extension appl. :(

My I140 will be withdrawn if I leave the company. Can I attach present EAD and I485 to a new I140 if I find a new employer who is willing to apply I140.

**** when u say new empl will file new I140, that implies they have a
pre-approved substitute labor that matches ur profile. If NOT, then how can they file a I140 for u???
when the above is true ( i am sure), there is no question of "attaching" existing EAD and 485 ...

***my advice is to wait until u get ur 140 approved and then once u have it, do this to ur current comp --->( :D (i hope u understand the meaning of thise two combined characters!)

Please help by advising on this.


Regards.
Click to expand...
 
Hi gc4now,

It is the stupidity of this GC process that we have to go thru it. A lot of us suffer due to it. In my case, employer was keeping more than 70% of rate. The rates paid by client were veery high and my biling was more than 3 million dollars in 4.5 years. The employer earned millions out of me. And finally withdrew my 485 as I was unwilling to speak against my fellow collegues in the court, who have sued him for non payment. I chose to lose my GC rather than ditching my friends.

I could not do any thing about it. RFE was issued and he never gave me a copy, instead replied that case was withdrawn. The labor was used for one of his friend. OK, I wrote to USCIS and his friend 140 has been denied but more than that I could not do anything.

I was still having 1.5 years in hand so I was able to workout a solution for me.

In your case, that options are also limited as you are in 7th year, waiting for extension.

MY advise is to just stick on till you get H1 transfer, then wait for 140 approval and in the meantime if you get substitute labor, go for another 140 with H1 transfer. Do not use EAD till 140 is aproved and 485 pending more than 180 days. You wil lose.

Play it cool and control your emotions. If you do not have medicine to put on your wound, does not mean you apply salt into it. It would hurt you more.




gc4now said:
Hi,
Yes I understand most of us are being exploited. But you know the intensity varies. I am getting just 50% of my billing and has been working for a longtime and living in below standards. Now he is making me frustrated in answering RFE. I have many good offers out side. I applied for 7 th year extension(6th year already expird) and I did not get H1 approval yet.
If I change employer can I apply for H1 transfer based on the information that I applied for extension.
My I140 will be withdrawn if I leave the company. Can I attach present EAD and I485 to a new I140 if I find a new employer who is willing to apply I140.

Please help by advising on this.


Regards.
Click to expand...
 
GC_GoneCase said:
Hi gc4now,
employer was keeping more than 70% of rate. The rates paid by client were veery high and my biling was more than 3 million dollars in 4.5 years.
Click to expand...

That is really bad. But
Wah! 3 Million in 4.5 years. That is Monthly $55000 billing. What is that job you are doing?
 
Last edited by a moderator:
That is what really hurts me when USCIS does not see the ability to earn of the poeple and goes but the greedy employers.

Well, the employer was charging $ 325/hr. I never knew that unless once I got hold of the invoice which needed some clarification and the client gave that to me to resolve. It had all summary of billing and billing rate etc.

My job - Leading regulatory compliance efforts and implementing the processes in application systems to make the organization compliant. In other words, saving big bucks for the organizations and providing controls to avoid violations and abuse of the governance policies.

I could not do direct billing due to my status and the employer had a gala time on me.

I wonder how can I make USCIS compliant, I am ready to do it free of cost ;) :p


tammy2 said:
That is really bad. But
Wah! 3 Million in 4.5 years. That is Monthly $55000 billing. What is that job you are doing?
Click to expand...
 
my sister has a similar case

My sister is facing a similar situation but in here case the employer is verbally abusive, even used the "F" word. Is there any remedy for this situation? She has applied for both I140 and 485 in Mar 2004. At this point, I want her to file a complaint with the EEOC or take legal action but that could result in her being terminated. Her I140 has yet to be approved and she doesnt wanna take that risk. Any suggestions??
 
hi,

Just to inform all of you who want to change jobs before 140 approval based on whatever decision.. Its sometimes well worth the risk...I jumped employers before my 140 was approved and 180 after my 485 ND. last week finally my 485 was approved.(140/485 ND sept 30 2005, PD nov 2001)
Inbetween i did get an rfe on education..i replied and my 140 was approved in jan2005.
So if you are lucky then it may work out...
thx
 
Good News for all of you. I am sure by now you all have heard of the updated memo on AC 21 from William Yates. According to this memo, you can change jobs after 180 wheather your 140 is pending or approved. Please stop putting up with these abusive employers and find someone decent to work for.
 
the memo is so good i posted it everywhere

once more attached pdf for your convenience and employer inconvenience.
now is the time to begin the journey to freedom and take aggressive risks as needed. life is too short, live it in freedom

I am starting by a legal opinion asap by a lawyer telliong me process to start my own company called freedomfromslavery consulting.

lets call all i-140 pending cases to start their owm companies or a shared company where they do their own work self employed but group medical 401)k) etc. and keep the entire billing rate instead of slaving for employers and greedy middlemen companies (body shops) :) :) :) :)
 
Did anyone find whether the 180 is the Received date or Notice date? Many people break their head whose dates are between Received dates and Notice dates.
 
It's 180 days from RD of I-485.



myquestion said:
Did anyone find whether the 180 is the Received date or Notice date? Many people break their head whose dates are between Received dates and Notice dates.
Click to expand...
 
Correct if I am wrong, but the AC21 May 12th memo doesn't seem to help a lot if you think about it:
In the event that RFEs for I-140 is issued, the *old* employer should answer them. If you don't work for such company anymore, do you really think people will be kind and answer RFEs for you ? Maybe, but uncertain. I think the pressure and risk of moving on prior to I-140 approval is going to continue. I'd be happy if the memo said that eventual I-140 RFE should be answered by 'new' employer.




ac21_help said:
once more attached pdf for your convenience and employer inconvenience.
now is the time to begin the journey to freedom and take aggressive risks as needed. life is too short, live it in freedom

I am starting by a legal opinion asap by a lawyer telliong me process to start my own company called freedomfromslavery consulting.

lets call all i-140 pending cases to start their owm companies or a shared company where they do their own work self employed but group medical 401)k) etc. and keep the entire billing rate instead of slaving for employers and greedy middlemen companies (body shops) :) :) :) :)
Click to expand...
 
questions:
Can employer file a labor substitution by using the labor for which I140 is already approved?
Can he revoke the approved 140 and use the underlaying labor for another I140?
I was thinking.. once I 140 is approved the underlaying labor is use less Am I wrong?

Employer need to attach original labor to I 140 right? so one can not file multiple I 140s based on one approved labor?


If I 140 is approved and you file for I485 ., can the benificiary change employer before 180 days based on new AC21 updates?
 
This is what still amazes. I can't see why he just couldn't let new employer answer potential RFE. I am wondering whether people could e-mail him to request this.

unitednations said:
This is correct. The two main points of relief is that if employer requests withdrawal of 140 after 180 days (even if it is not approved), then uscis will adjudicate the 140 on its own merits. However, if they issue an RFE, employer probably will not respond and your case is dead.

Many employers who filed 140's late in 2004 are receiving RFE's for 2004 federal tax returns. If you have left, they will not answer and there goes your case.

Second point of relief was that you could be self employed in same/similar job and that ac21 employer doesn't have to prove ability to pay.

This is not as much of a boon as everyone thinks it is. If uscis issues RFE, your case will be dead if employer doesn't respond.
Click to expand...
 
if we are selfemployed using AC-21 and start functioning as an independent contractor then who is our employer? .....who is supposed to answer the RFE?
The client?
 
unitednations said:
there will be no rfe for ability to pay to the ac21 employer; only the 140 employer.
Click to expand...


Thank you unitednations for your enlightenment. Please read one of the threads that I had started a while back. A case of employer harrassment.

http://boards.immigrationportal.com/showthread.php?t=171111

Based on my situation, I can leave the employer on the 180th day of my RD which will be June 15th,2005. I am planning to resign that very day. My contract continues past that day and I have spoken with my staffing agency who is ready to work with me in terms of doing independent 1099 rather then the corp-corp with extra layer.

Should I do a straight 1099 with my staffing agency or should I do an hourly W2 with them? The problem with hourly W2 is that they are cutting my payrate heavily to do payroll and I think I can save some money.

Please advice as to how to go about doing independent contracting and also if it is a 1099 there is really no full time job offer from new employer as there is no employer in this case. How will I be able to prove to the USCIS that I am using AC21 without a formal offer letter?
 
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