My company over night changed the policy and not filing for green card irrespective of their stage (I-485, I140 etc). Attorney said one could file on his or her own to proceed further. In my case I got laid off and company ask me to go to their India office. So I may not employment letter also. But I will get all required documents to file for I485. What to do? Can I file I485 with out Employment letter? Please help me. I am with the company for last 4 years.
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Company Not filing I-485
- Thread starter Appu123
- Start date
GC_wannabe
Registered Users (C)
file ur 485 and then hope u dont get rfe for employment letter ;-)
sayedfaisal
Registered Users (C)
Look for another company
My understanding is Labor Certification never gets expire, Prior to the portatbility rule, During the GC process if you ever get laid off from the company.
Then You can proceed with the same labor certification provided you have satisfied three clauses : 1) Same Region where the application was approved 2) Approximately same salary 3) Similiar job position.
Before going back to India. Double check with the lawyer about the above 3 conditions.
I wish, if I could have helped you.
Thanks
Sayed
My understanding is Labor Certification never gets expire, Prior to the portatbility rule, During the GC process if you ever get laid off from the company.
Then You can proceed with the same labor certification provided you have satisfied three clauses : 1) Same Region where the application was approved 2) Approximately same salary 3) Similiar job position.
Before going back to India. Double check with the lawyer about the above 3 conditions.
I wish, if I could have helped you.
Thanks
Sayed
Correct
LCs and I-140s are not tranferrable to a new company. If your current sponsor will not continue with your GC, you need to start all over from labor certification.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
LCs and I-140s are not tranferrable to a new company. If your current sponsor will not continue with your GC, you need to start all over from labor certification.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
They should not deny you an employment letter. They can refuse to do the
GC though. Tell them you need an employment letter with the header,
"TO whomsover may it concern" and proceed with your date of hire, summary of duties and salary. This format is not necessarily for GC.
GC though. Tell them you need an employment letter with the header,
"TO whomsover may it concern" and proceed with your date of hire, summary of duties and salary. This format is not necessarily for GC.
AC21
Jim,
Since I-485 is filed by the employee, if the employee has a new employment offer (same or similar) and an approved I-140, can he not take a chance of filing the I-485 and take the AC21 route (hoping of-course that it does not get adjudicated within 180 days).
If the law does not require that the alien work for the sponsoring employer till he gets his GC, and AC21 allows the alien to change the sponsoring employer (if the adjustment of status is not adjudicated within 180 days & same or similar job), where do you see a problem? AC21 does not say when the employer can be changed? It only mentions that \'a change\' is allowed.
Jim,
Since I-485 is filed by the employee, if the employee has a new employment offer (same or similar) and an approved I-140, can he not take a chance of filing the I-485 and take the AC21 route (hoping of-course that it does not get adjudicated within 180 days).
If the law does not require that the alien work for the sponsoring employer till he gets his GC, and AC21 allows the alien to change the sponsoring employer (if the adjustment of status is not adjudicated within 180 days & same or similar job), where do you see a problem? AC21 does not say when the employer can be changed? It only mentions that \'a change\' is allowed.
I see the same problem that Desi_485 sees
You cannot file an I-485 based on an I-140 from an employer who has no intention of hiring you and for which you have no intention of working.
AC21 is irrelevant to this situation.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
You cannot file an I-485 based on an I-140 from an employer who has no intention of hiring you and for which you have no intention of working.
AC21 is irrelevant to this situation.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
Layoff does not cancel I-140
A layoff does not invalidate the approved I-140. The only thing that can invalidate an I-140 is the petitioner requesting to the INS that it be canceled. EB immigrant visas are completely different from non-immigrant employment, and the termination of the non-immigrant employment does not invalidate the I-140.
If the I-140 is canceled, my (non-legal) opinion would be that you should file the I-485, with the intention of working for the sponsor. If the I-140 has not been canceled, they (in the eyes of the law) still intend to hire you.
A layoff does not invalidate the approved I-140. The only thing that can invalidate an I-140 is the petitioner requesting to the INS that it be canceled. EB immigrant visas are completely different from non-immigrant employment, and the termination of the non-immigrant employment does not invalidate the I-140.
If the I-140 is canceled, my (non-legal) opinion would be that you should file the I-485, with the intention of working for the sponsor. If the I-140 has not been canceled, they (in the eyes of the law) still intend to hire you.
Of course it does not invalidate an I-140
But it is immigration fraud to file an I-485 based on a position that you know you will not join since it does not exist. Just because the I-140 is not cancelled does not mean that the company intends to hire you. If that were so there would be no need for an employment letter when filing an I-485. For an employment based GC to be issued there must be a job "immediately available" and it seems ridiculouslly clear that a job is NOT immediately available.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
But it is immigration fraud to file an I-485 based on a position that you know you will not join since it does not exist. Just because the I-140 is not cancelled does not mean that the company intends to hire you. If that were so there would be no need for an employment letter when filing an I-485. For an employment based GC to be issued there must be a job "immediately available" and it seems ridiculouslly clear that a job is NOT immediately available.
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
But if the alien has a same or similar job offer?
Does it not mean that the \'job\' is immediately available? Why should it matter if its with a different company, since the AC21 allows for a change of employer anyway. I would agree with your argument that it would mean an immigration fraud if there is no job offer in hand at all.
Does it not mean that the \'job\' is immediately available? Why should it matter if its with a different company, since the AC21 allows for a change of employer anyway. I would agree with your argument that it would mean an immigration fraud if there is no job offer in hand at all.
AC21 only applies if the I-485 remains unadjudicated for more than 180 days
Here it has not even been filed yet. What would happen if INS adjudicated the I-485 in less than 180 days?
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
Here it has not even been filed yet. What would happen if INS adjudicated the I-485 in less than 180 days?
Jim
James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
Gheewalabhai
Registered Users (C)
What is the cutoff date for the employer that it cannot
withdraw I-140? How do you check
if I-140 has been withdrawn??
In some cases it is not better to
talk to employer after the layoff
because they may think it saves some
bucks for them in the budget crunch time
and act on a whim. Which is the best option,
tell and request the employer not to retract
or just sit tight on your ass hoping INS doesn\'t adjudicate before 180 days??
withdraw I-140? How do you check
if I-140 has been withdrawn??
In some cases it is not better to
talk to employer after the layoff
because they may think it saves some
bucks for them in the budget crunch time
and act on a whim. Which is the best option,
tell and request the employer not to retract
or just sit tight on your ass hoping INS doesn\'t adjudicate before 180 days??
No Title
I was in the same situation as u. But my Attorney was on my side. He filed I-485 with out the employment letter, i got the my EAD, receipt notice, AP & now FP. The only thing he said get an employment letter from the present employer at the some time in couple of months & at the same time look at the earliest fr some other company to work.
Good Luck, I know what u are going through, but as my attorney said lets take a chance & touch wood it is working out fr me
I was in the same situation as u. But my Attorney was on my side. He filed I-485 with out the employment letter, i got the my EAD, receipt notice, AP & now FP. The only thing he said get an employment letter from the present employer at the some time in couple of months & at the same time look at the earliest fr some other company to work.
Good Luck, I know what u are going through, but as my attorney said lets take a chance & touch wood it is working out fr me