Concurrent Filing, 140 Approved, Being Laid off after 5 months. Jaxen, Jim Help !!

Gcard2003

Registered Users (C)
Hi everybody. I am in deep trouble. Here are my case details :
LC: Apr 6th 2002
LC Approved : Aug 2002

Concurrent filing of 140/485/EAD/AP : Oct 16th 2002.
RD OCT 16 2002
ND Oct 31 2002

I 140 Approved: Jan 6th 2003
EAD/AP Approved: Jan 15th 2003

My company is telling me that I will be laid off very soon within the next 1 month. I have the following questions:

a) If I find a new Job then how do I file AC 21. I have approved photocopy of my I-140 plus receipt notices of I-485.

b) Do I need approved copy of Labor Certification as a REQUIREMENT to file AC 21. My company lawyer is refusing to give me saying that it belongs to the company.

c) My position was ANALYST and I had listed my Duties and Responsiblities in Form ETA 750 for LC. I have heard of a term called Job Title Code. Where is this Job Title code. Is it in the 140 Approval Notice or in the Labor certification Application.

d) Will I be safe after 6 months of I -485 Rd or do I have to wait 6 months after 140 approval.

Your help will very truly be appreciated by me.

Regards to All !!!!!
 
Re: Concurrent Filing, 140 Approved, Being Laid off after 5 months. Jaxen, Jim Help !


a) If I find a new Job then how do I file AC 21. I have approved photocopy of my I-140 plus receipt notices of I-485.


You don't need to do anything. If an RFE comes, reply with new employment letter. Otherwise, sit at home and get your GC in the mail.


b) Do I need approved copy of Labor Certification as a REQUIREMENT to file AC 21. My company lawyer is refusing to give me saying that it belongs to the company.


You don't need copies of LC for AC21. You don't need copies of 140 for AC21 either. However, the latter is needed when you apply/renew EAD/AP.


c) My position was ANALYST and I had listed my Duties and Responsiblities in Form ETA 750 for LC. I have heard of a term called Job Title Code. Where is this Job Title code. Is it in the 140 Approval Notice or in the Labor certification Application.


Not sure about this but I don't think it will affect your case.


d) Will I be safe after 6 months of I -485 Rd or do I have to wait 6 months after 140 approval.


The consensus is 6 months of 485 RD if your I-140 is approved. But you never know what INS is gonna do.

Anyway, get a job ASAP. Then the worst is to restart the process...

Good luck!
 
Thanks Guys for replying !!

Is the jobcode same as the DOT CODE for labor certification (Eg:030-111-034).

SHouldnt my new job's duties be similar to the ones mentioned in the FORM ETA 750. I am still confused on how to do this AC 21.

I am leaving my company soon but would like to request copies of my documents from them . What documents are absolutely critical for AC 21.

Please let me know.

Thanks !!
 
Which service center is it?

Gcard2003,
Your green card process is really fast compared to a lot people I know. Which service center is servicing you application? What category did you apply under (EB1, EB2, or others)? I am in a similiar situation as yours.

scott
 
Gcard2003:
“Shouldn’t my new job's duties be similar to the ones mentioned in the FORM ETA 750. I am still confused on how to do this AC 21.

I am leaving my company soon but would like to request copies of my documents from them. What documents are absolutely critical for AC 21.”
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You should try to get copy of I-140 or filing receipt, I-485 filing receipt and LC copy that was approved.

If you can get LC copy then new lawyer who will draft employer switch/intent change letter and AC21 letter, he/she will draft a new letter looking at the LC copy and will match the skills on new letter.
 
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