Company Closed While I-140/I-485 Pending

L

lisansw

Registered Users (C)
Hi,

Please help
CSC EB2
I-140/I-485 filed 10/2002
I-140 RFE replied 4/2003, no any further info since then.
iEAD got 6/2003
Company was closed a week ago.

I assume that I can not use AC21. But I can work for any other company with iEAD, is this correct?

Do I still have any chance to get through? Does anybody has opinion on this? Thanks.
 
Please help
CSC EB2
I-140/I-485 filed 10/2002
I-140 RFE replied 4/2003, no any further info since then.
iEAD got 6/2003
Company was closed a week ago.

I assume that I cannot use AC21. But I can work for any other company with iEAD, is this correct?

Do I still have any chance to get through? Does anybody has opinion on this?

--If your I-140 is approved and I-485 is pending more than 180 days after I-140 approval date and you’re past employer does not revoke your I-140 you may use AC21, closing the company may be in your favor as you did not have any option.
(Remember no final AC21 regulations till date)
If possible join new employer with H1 transfer and file new LC as back up, if H1 transfer is not possible then only join with EAD, try to get the approved LC copy, I-140, I-485 filing receipts from past employer.
Also read:
http://www.murthy.com/UDportis.html
http://www.immigrationportal.com/showthread.php?s=&threadid=57200&perpage=15&pagenumber=5

http://www.murthy.com/chat0623.html
Chat User : Good evening. When is it safest to get laid off when one is on an LC process? Is there any special case that can be argued if the company shuts down to continue one's GC process?

Attorney Murthy : Without any AC21 regulations or guidance from the BCIS, there is no longer any time when it is really safe to stop working for the sponsoring employer. We are seeing denials based on the I-140 which was approved but withdrawn by the employer after 180 days, we have also seen other cases approved in the same circumstances. Similarly, we have heard of denials where the company is not available to respond to an RFE, etc. after it closes. So, although many cases are being approved, other cases are being denied, so there is a lack of consistency by the BCIS. We need to obtain some guidance. Just this past Tuesday, June 18, 2003, the BCIS has appointed its Chief Legal Counsel in Dea Carpenter. She seems like a helpful person who is knowledgeable on employment-based immigration matters, so we hope that we will obtain favorable regulations with new people who finally have their jobs in place now.
 
Ginnu,

Thank you for your information. They are very helpful.

This is very confused situation. Since they BCIS issued iEAD, it suppose I can work legally for anyone right? but AC21 may be interpreted in different way in terms of portability. It seems even BCIS does not have the unique answer on the case like this. I have no problem to get all the documents you mentioned but not quite sure how this would help.

Looks like the safest way is to file another H1. Hopfully I-140 can go through. Does any body know what will cause I-140 get denied these days?
 
Thank you for your information. They are very helpful.

This is very confused situation. Since they BCIS issued iEAD, it suppose I can work legally for anyone right?

---YES
but AC21 may be interpreted in different way in terms of portability. It seems even BCIS does not have the unique answer on the case like this.
--- you are correct and many lawyers are still confused
I have no problem to get all the documents you mentioned but not quite sure how this would help.
---- it will help you, with LC approved copy your new Lawyer can look at the skills they filed on LC and can draft new latter to BCIS that you are working with the same skills in new employer ( if you want to use AC21) I-140 receipt will help you to get 7th year H1 extension
Looks like the safest way is to file another H1.

--- Correct, and safe to be on H1
Hopfully I-140 can go through. Does any body know what will cause I-140 get denied these days?
-- they may ask for educational evaluation or company financial documents that they can pay you( if not attached with I-140 by your lawyer at the time of filing I-140) they can ask anything in RFE
 
Take a chance of AC21...Good luck

Very unfortunate situation.
Find a job similar to the one I140/I485 were filed using EAD. send the info to BCIS after I140 is approved. looks like I140 may not take too long for you. Good luck.

If six years not expired, switch the job using H1 and let I140/I485 continue as long as they can. you may be safe if I140 is approved soon.
 
Take a chance of AC21...Good luck

Very unfortunate situation.
Find a job similar to the one I140/I485 were filed using EAD. send the info to BCIS after I140 is approved. looks like I140 may not take too long for you. Good luck.

If six years not expired, switch the job using H1 and let I140/I485 continue as long as they can. you may be safe if I140 is approved soon.
 
Thanks

Ginnu, Staya,

Thanks for the reply. I think these days, the applicaton is based on how lucky you are.

I am getting worried is because I notice many people got approved in about two weeks time after replied RFE. My RFE was replied in April now is over 90 days. I saw some message on the net indicated that if BCIS has no result very soon after received the RFE, they intend to deny the case. Hope this is not true!? That is why I asked under what circumstances, the I-140 will be denied. In my case they asked finacial related questions, company was able to reply without any problem.

It seems kind of unusual wait so long but my attonery said it is still normal. If follow BCIS web I need wait two more months at the least.:mad::confused:
 
Re: Thanks

lisansw,

I was reading thru this forum. What's your status now? Did you use ACT21?
 
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