Company going bankrupt

[H1-H1Tran]

Please help me out here.

My company is filing for bankruptcy in a week's time. Here are my case details:

I-140 RD 10/20/03
I-485 RD 12/24/03
EAD, AP approved

My client is ready to keep the current team including me in the same project at the same position. Can I change jobs using my EAD using AC21 even if my I-140 is not yet approved?

So if I work for another company at the same position can I still keep my I-140/I-485?

What happens to the I-140 and how to handle RFE in case of compnay shut down?

Thanks in advance for your replies.

 

[fast_gc_seeker]

Please help me out here.

My company is filing for bankruptcy in a week's time. Here are my case details:

I-140 RD 10/20/03
I-485 RD 12/24/03
EAD, AP approved

My client is ready to keep the current team including me in the same project at the same position. Can I change jobs using my EAD using AC21 even if my I-140 is not yet approved?

So if I work for another company at the same position can I still keep my I-140/I-485?

What happens to the I-140 and how to handle RFE in case of compnay shut down?

Thanks in advance for your replies.

U cannot work at clients place on EAD [u can't use AC-21 as ur 140 is not approved yet]

I would maintain H1 status by finding somebody who can transfer ur H1[trust me if u have project you'll find many who can transfer ur H1].

If you get 140 RFE u'll have to attend to it yourself or hire an attorney.
Do make a request to ur 140 petitioner not to revoke it once approved.
If this works out both or 140 and 485 will be safe.

 

[ginnu]

U cannot work at clients place on EAD
------- why he cant use EAD????? where did you read that? he can use EAD
with any employer
[u can't use AC-21 as ur 140 is not approved yet]
---that is correct he is not eligible for AC21 according to august 2003 Memo
I would maintain H1 status by finding somebody who can transfer ur H1[trust me if u have project you'll find many who can transfer ur H1].
-------- correct, working with H1 transfer or maintaining H1 status has advantages
If you get 140 RFE u'll have to attend to it yourself or hire an attorney.
------ from where you did you get this kind of the info??????
If he gets RFE for I-140 then employer who filed I-140 he is supposed to reply RFE it is filed by employer and generaly company lawyer replies to RFE

Do make a request to ur 140 petitioner not to revoke it once approved.
------If his I-140 gets approved, his employer cannot revoke the I -140 even if he sends letter to USCIS(hisI-485is pending more than 180 days) if the person finds similar job and update the USCIS that he wouldlike to use AC21, in this situation USCIS will not revoke the I-140


If this works out both or 140 and 485 will be safe.

 

[lohith]

U cannot work at clients place on EAD [u can't use AC-21 as ur 140 is not approved yet]

I would maintain H1 status by finding somebody who can transfer ur H1[trust me if u have project you'll find many who can transfer ur H1].

If you get 140 RFE u'll have to attend to it yourself or hire an attorney.
Do make a request to ur 140 petitioner not to revoke it once approved.
If this works out both or 140 and 485 will be safe.

So, AC-21 with pending I-140, definitely denied? Have you seen anyone used and got denied?

 

[fast_gc_seeker]

------- why he cant use EAD????? where did you read that? he can use EAD

ginnu if he/she used ead then he/she looses h1 status, hence I said dont use EAD.
also his 140 is not yet approved so I think he'll be safe on H1 status.

If you get 140 RFE u'll have to attend to it yourself or hire an attorney.
------ from where you did you get this kind of the info??????

assuming he is not with his 140 petitioner[laid off as they r getting bankrupt, if this
applies then they wont answer any RFE's hence my answer!!]

So, AC-21 with pending I-140, definitely denied? Have you seen anyone used and got denied?

for using AC-21 ur 140 has to be approved period.

 

[pralay]

So, AC-21 with pending I-140, definitely denied? Have you seen anyone used and got denied?

No, it's not denied. Company is going out of business does not mean I-140 becomes invalid automatically. If I-140 get approved without any incident and you cross 180 days mark after I-485 filing, you are safe to use AC-21.

 

[pralay]

ginnu if he/she used ead then he/she looses h1 status, hence I said dont use EAD.
also his 140 is not yet approved so I think he'll be safe on H1 status.
.

If company (H1 sponsorer) shuts down, his H1 becomes invalid anyway. In that case, he has two options - H1 transfer (if client company agrees to do that) or using EAD. There is no restriction to use EAD.

 

[pralay]

assuming he is not with his 140 petitioner[laid off as they r getting bankrupt, if this
applies then they wont answer any RFE's hence my answer!!]

The beneficiary cannot reply I-140. If there is any RFE after company gone out of business and the RFE related to company information, technically I-140 is in trouble. Then it's upto attorney to manuever with some kind of "recoverable" information.

 

[fast_gc_seeker]

The beneficiary cannot reply I-140. If there is any RFE after company gone out of business and the RFE related to company information, technically I-140 is in trouble. Then it's upto attorney to manuever with some kind of "recoverable" information.

lets say company has filed chap 11 but not chap 13[complete shutdown] and they promise not to withdraw 140. If such a case exists and if there is 140 RFE then
what will happen? can the original attorney answer company related RFE's?

 

[fast_gc_seeker]

If company (H1 sponsorer) shuts down, his H1 becomes invalid anyway. In that case, he has two options - H1 transfer (if client company agrees to do that) or using EAD. There is no restriction to use EAD.

i was not aware that EAD can be used even if 140 is not approved. what will happen
if he uses EAD and 140 is denied?

also I'm not aware that if company completely shuts down then H1 becomes invalid.
why is that? lets say company shuts down but dosent inform immigration about
H1 termination, then what happens?

 

[ginnu]

i was not aware that EAD can be used even if 140 is not approved. what will happen
if he uses EAD and 140 is denied?

also I'm not aware that if company completely shuts down then H1 becomes invalid.
---- you are not aware of so many immigration related matters before giving advice better research then post, becase if others dont correct your replies the poster can be in mess, FYI if I-140 gets denied then EAD,AP,I-485 all get denied.
why is that? lets say company shuts down but dosent inform immigration about
H1 termination, then what happens?
------ if company shuts down H1 is no more valid becase the company that petitioned H1 does not exit, it is simple.

 

[fast_gc_seeker]

---- you are not aware of so many immigration related matters before giving advice better research then post, becase if others dont correct your replies the poster can be in mess, FYI if I-140 gets denied then EAD,AP,I-485 all get denied
------ if company shuts down H1 is no more valid becase the company that petitioned H1 does not exit, it is simple

I understand what you say ginnu and I'm aware of many rules. This is public forum and nobody here is fully aware of all the rules that's why people like u and me visit these forums. If people responding to questions would have been aware of all rules then they would become professional attorneys instead of giving 'free' advise on these forums

i asked poster not to use EAD because I believe its safe to be on H1. Also like
you said if 140 is denied then EAD is toast so why risk it?

There is difference between company getting completely shutdown[chapter 13] and not revoking H1B [which many companies just forget] and company becoming bankrupt[chapter 11] and not revoking H1B. I dont know which one you are referrering to, but my x employer was bankrupt 4 yrs back and they never revoked my H1. As far as I know if company files for chap 13 they will probably not inform immigration its existance[I've seen cases like this] and technically H1 wont be revoked but this dosent mean somebody can continue to work on that H1. They should go for H1 transfer ASAP. unitednations has given an example of 140 also getting approved when company is bankrupt[chap 11] and I've also seen cases like it.