changing Job before 180 days of I485

[Ravi25]

Hi,

I filed 485 form a MNC on July 27th 2007( Not received receipts yet), unfortunately group is getting lay-off in few weeks.
Let me know if any one have ideas what can i ask to HR/management to continue my 485 application going?

1. If they put me LOA for 180 days( leave of absence, no pay but job is not terminated, i will be working with another company) is that ok?

2. If get an agreement that they are not revoking I140 is that ok?

3. I am sure they are going to cancel H1 after termination, will that affect 485 application
i.e. they are canceling H1 but not revoking I140

4. If they offer me same position in another location, can i take that for 180 days???

let me know if any one has any ideas to handle this situation.

Thanks

 

[ginnu]

Hi,

I filed 485 form a MNC on July 27th 2007( Not received receipts yet), unfortunately group is getting lay-off in few weeks.
Let me know if any one have ideas what can i ask to HR/management to continue my 485 application going?

1. If they put me LOA for 180 days( leave of absence, no pay but job is not terminated, i will be working with another company) is that ok?

2. If get an agreement that they are not revoking I140 is that ok?
-----------------why employer will sign agreement? if they dont revoke 1-140 and your I-485 pending hits 180 days then you will be eligible foe AC21
3. I am sure they are going to cancel H1 after termination, will that affect 485 application
--------------------NO , if they revoke I-140 then problems
i.e.
they are canceling H1 but not revoking I140
---------------that is good for you
4. If they offer me same position in another location, can i take that for 180 days???
-----------------you can take now or any time
let me know if any one has any ideas to handle this situation.

Thanks

-------------------

 

[sbanil]

Thanks ginnu, my brother is in the same position but not as fortunate as the previous person. Do you know if current employer can revoke approved i-140 and H1B , forcing my borther out of status? He might get laidoff soon but not sure, so, he is scrambling for options to remain in status if they terminate his employment

1) Can they revoke/terminate approved i-140
I know they can revoke H1b but not sure about i-140.

2) Can he find another employer before they layoff him but still keep the I-485 continue till 180 days to apply AC21 portability.

i appreciate any responses good or bad. thanx in advance

 

[ginnu]

Thanks ginnu, my brother is in the same position but not as fortunate as the previous person. Do you know if current employer can revoke approved i-140 and H1B , forcing my borther out of status? He might get laidoff soon but not sure, so, he is scrambling for options to remain in status if they terminate his employment

1) Can they revoke/terminate approved i-140
---------------------employer can revoke I-140 any time
I know they can revoke H1b but not sure about i-140.
-H1 is also filed by employer and I-140 is also filed by Employer and employer can revoke any time
2) Can he find another employer before they layoff him but still keep the I-485 continue till 180 days to apply AC21 portability.
--------------------- you need to post his full details, I-140 approved or not or when filed LC filing date, I-140 filing date, I-485 filing date, till what date is his H1 or I-94 valid
i appreciate any responses good or bad. thanx in advance

-------------------

 

[atyagi73]

AC21 Questions

I am also planning to change employer before 180 days and continue my GC with previous employer as I am very comfortable that they wont cancel my I-140. My questions are about invoking AC21 after 180 days.

1. When I invoke AC21, can I send original offer letter(from new employer) which will have a date before 180 days ? Would that cause an issue ?
2. Is it legal to work for employer B while you are on LOA from employer A ?

Thanks in anticipation.

 

[sbanil]

-------------------

His i-140 is approved in june 2006, and LC approved Feb 2006 through PERM(1 yr delay) and I-485 files with July bulletin on July 2nd.

Eventhough I-140 is approved he could not apply for I-485 due to retrogession.

Any ideas?

 

[ginnu]

His i-140 is approved in june 2006, and LC approved Feb 2006 through PERM(1 yr delay) and I-485 files with July bulletin on July 2nd.

Eventhough I-140 is approved he could not apply for I-485 due to retrogession.

Any ideas?

if I-140 is approved AND i-485 pending hits 180 days and employer dont revoke I-140 before his I-485 hit 180 days then he can use AC21. for work he need EAD in hand or join new employer with H1 transfer(H1 transfer is better option)

 

[sbanil]

if I-140 is approved AND i-485 pending hits 180 days and employer dont revoke I-140 before his I-485 hit 180 days then he can use AC21. for work he need EAD in hand or join new employer with H1 transfer(H1 transfer is better option)

Thanks ginnu for quick response. Its irony that we waited 2 yrs after filing LC but finally it all comes down to these 180 days to remain in US. Immigration system really needs overhaul

 

[ginnu]

Thanks ginnu for quick response. Its irony that we waited 2 yrs after filing LC but finally it all comes down to these 180 days to remain in US.
Immigration system really needs overhaul
---------write letters to your Senators, congressman and call up while house

many LC filed in 2001 or 2002 are still waiting, many could not file I-485

 

[kool_maverik]

Thanks ginnu for quick response. Its irony that we waited 2 yrs after filing LC but finally it all comes down to these 180 days to remain in US. Immigration system really needs overhaul

Dude, I have waited 4.5 yrs for LC (now waiting for 485 approval), and it still comes down to these 180 days!!!!