Doubtful @ I-140 portability? Let's do this..
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friend,
i did mention in of the of the threads is that you don't have to dig the CSR about your I140, all you have to do is request clarification on AC21 and CIS stand on I140 in that regard. If the CSR is not able to answer, they will gladly transfer your call to IO. It is that easy, believe me as I done it 3 times in this week!
let us know when you are successful in talking to an IO about this.
eagerly waiting till then......
friend,
i did mention in of the of the threads is that you don't have to dig the CSR about your I140, all you have to do is request clarification on AC21 and CIS stand on I140 in that regard. If the CSR is not able to answer, they will gladly transfer your call to IO. It is that easy, believe me as I done it 3 times in this week!
let us know when you are successful in talking to an IO about this.
eagerly waiting till then......
prabhudeva
Registered Users (C)
From 16th Aug 2004 Murthy.com chat trascripts....nothing new here, just a road bumper I'd say...Prabhu
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Chat User : Dear Murthy, is it possible to transfer all (I-140 / I-485 / EAD) cases from one company to another company if it crossed 6 months but no cases have been approved (even I-140)?
Attorney Murthy : According to the USCIS position, AC21 portability does not apply until the I-140 petition has been approved. The AC21 law itself does not seem to require the I-140 petition approval but at the time the law was passed, one could not file the I-485 without the I-140 approval, so the USCIS interpretation may be held to be valid requiring both the I-140 approval and the I-485 to remain pending for at least 180 days. So, one who plans to leave the GC-sponsoring employer before both these conditions are satisfied runs the risk of having the GC denied. One may lose the entire GC process and possibly have to start from scratch, especially if there is an RFE on the I-140 petition and the original GC employer decides to cancel the I-140 to use for another employee after the original employee (you) leave that employer.
===============================================
Chat User : Dear Murthy, is it possible to transfer all (I-140 / I-485 / EAD) cases from one company to another company if it crossed 6 months but no cases have been approved (even I-140)?
Attorney Murthy : According to the USCIS position, AC21 portability does not apply until the I-140 petition has been approved. The AC21 law itself does not seem to require the I-140 petition approval but at the time the law was passed, one could not file the I-485 without the I-140 approval, so the USCIS interpretation may be held to be valid requiring both the I-140 approval and the I-485 to remain pending for at least 180 days. So, one who plans to leave the GC-sponsoring employer before both these conditions are satisfied runs the risk of having the GC denied. One may lose the entire GC process and possibly have to start from scratch, especially if there is an RFE on the I-140 petition and the original GC employer decides to cancel the I-140 to use for another employee after the original employee (you) leave that employer.
prabhudeva said:From 16th Aug 2004 Murthy.com chat trascripts....nothing new here, just a road bumper I'd say...Prabhu
============================================
Attorney Murthy : The AC21 law itself does not seem to require the I-140 petition approval but at the time the law was passed, one could not file the I-485 without the I-140 approval, so the USCIS interpretation may be held to be valid requiring both the I-140 approval and the I-485 to remain pending for at least 180 days.
****** In that case, before publishing the concurrent filing procedure, AC 21 law should have been modified. What this attorney says is logically correct. But law does not say that. As long as there is no clear law, we can take the full advantage. This is my opinion.
GC Leke Jao
Registered Users (C)
My take on it
I talked to my lawyer and her advice is that it is better to wait for I-140 approval to change jobs even though 6 months is complete from RD.
But she is the same lawyer who also told me before to stick with the same employer till the end until getting the GC into hand to be safe.
My 6 months would be completed next week and most likely I'm getting an offer letter from another employer next week.
So, I'm going to request my current employer to support the I-140 processing and change jobs. If he accepts it's good. I will not inform USCIS until 140 approval. (One question here is that this job is in a different state but same service center NSC. Can I inform of address change without getting a -ve effect).
If he doesnot accept then comes my dilemma whether to inform USCIS or not as an official memo hasn't been released yet.
Team work always pays.
Keep it up buddies.
I talked to my lawyer and her advice is that it is better to wait for I-140 approval to change jobs even though 6 months is complete from RD.
But she is the same lawyer who also told me before to stick with the same employer till the end until getting the GC into hand to be safe.
My 6 months would be completed next week and most likely I'm getting an offer letter from another employer next week.
So, I'm going to request my current employer to support the I-140 processing and change jobs. If he accepts it's good. I will not inform USCIS until 140 approval. (One question here is that this job is in a different state but same service center NSC. Can I inform of address change without getting a -ve effect).
If he doesnot accept then comes my dilemma whether to inform USCIS or not as an official memo hasn't been released yet.
Team work always pays.
Keep it up buddies.
prabhudeva
Registered Users (C)
Folks,
I have got a -ve response from USCIS on this issue.
The call went through the typical route, I asked the customer service rep about 140 pending for more than six months etc etc and she had no idea and she put me through to an officer..The officer told me precisely and twice that if you switch after 180 days with 140 pending you run the risk of losing ur processing as the employer could withdraw your application and stop the process...I asked can the new employer handle this but she said they have to anyway send a letter but if 140 is pending then NO they cannot handle it...
I am shattered, I am losing my job and now hanging in with employer for 180 days to go by but not even getting paid now, just hanging there on the payrolls and after hearing this don't know what I will do...(
Anyway, may be I will call again another time, may be another officer has another opinion, but after hearing this it just puts all hopes to rest...
Thumbs down to the poor and sorry life of an immigrant,
Prabhu
I have got a -ve response from USCIS on this issue.
The call went through the typical route, I asked the customer service rep about 140 pending for more than six months etc etc and she had no idea and she put me through to an officer..The officer told me precisely and twice that if you switch after 180 days with 140 pending you run the risk of losing ur processing as the employer could withdraw your application and stop the process...I asked can the new employer handle this but she said they have to anyway send a letter but if 140 is pending then NO they cannot handle it...
I am shattered, I am losing my job and now hanging in with employer for 180 days to go by but not even getting paid now, just hanging there on the payrolls and after hearing this don't know what I will do...
(Anyway, may be I will call again another time, may be another officer has another opinion, but after hearing this it just puts all hopes to rest...
Thumbs down to the poor and sorry life of an immigrant,
Prabhu
prabhudeva said:Folks,
I have got a -ve response from USCIS on this issue.
The call went through the typical route, I asked the customer service rep about 140 pending for more than six months etc etc and she had no idea and she put me through to an officer..The officer told me precisely and twice that if you switch after 180 days with 140 pending you run the risk of losing ur processing as the employer could withdraw your application and stop the process...I asked can the new employer handle this but she said they have to anyway send a letter but if 140 is pending then NO they cannot handle it...
I am shattered, I am losing my job and now hanging in with employer for 180 days to go by but not even getting paid now, just hanging there on the payrolls and after hearing this don't know what I will do...
Anyway, may be I will call again another time, may be another officer has another opinion, but after hearing this it just puts all hopes to rest...
Thumbs down to the poor and sorry life of an immigrant,
Prabhu
AC21 is a complicated matter and no one knows for sure.
So her point is that if the employer withdraws the I-140 petition before approval then ONLY the process may stop. Right? Ask your employer not to withdraw your case. Did she say that if you change your job, after 180 days but before I-140 approval, USCIS will deny your case????
Chances are there. Don't loose your hope.
prabhudeva
Registered Users (C)
Naanshi,
yeah thats why we are talking to the IOs right, cause we don't trust lawyers or word of mouth or web sites etc..
I did not get into too many ifs and buts with her cause fear becomes us immigrants' best partner in this country, even if I were to ask too many questions that would set lose the reign of bad luck or here anger and set me illegal in this country and my butt would be kicked out in ten days and what not..right these are the thoughts we are suppsoed to live with every freaking day our of lives...
The mean employer that I have would for sure withdraw the 140 if that saves them money in anyway, once I am gone they will use lc or whatever for their benefit...but I am going to hang in there and not resign, if it all they lay me off or fire me or whatever so it was not my intent to quit them...
anyways like I said I will call again in a few days, may be they are getting pissed off at too many of us calling on this issue...here comes another fear in my head, why do we leave our countries in the first place, non resident aliens here and non resident indians there, may be should die in atlantic ocean...sorry I got very frustrated today...!!!
Prabhu
yeah thats why we are talking to the IOs right, cause we don't trust lawyers or word of mouth or web sites etc..
I did not get into too many ifs and buts with her cause fear becomes us immigrants' best partner in this country, even if I were to ask too many questions that would set lose the reign of bad luck or here anger and set me illegal in this country and my butt would be kicked out in ten days and what not..right these are the thoughts we are suppsoed to live with every freaking day our of lives...
The mean employer that I have would for sure withdraw the 140 if that saves them money in anyway, once I am gone they will use lc or whatever for their benefit...but I am going to hang in there and not resign, if it all they lay me off or fire me or whatever so it was not my intent to quit them...
anyways like I said I will call again in a few days, may be they are getting pissed off at too many of us calling on this issue...here comes another fear in my head, why do we leave our countries in the first place, non resident aliens here and non resident indians there, may be should die in atlantic ocean...sorry I got very frustrated today...!!!
Prabhu
naanshi said:
gcbandwagon
Registered Users (C)
Prabhu I am really sorry to hear about your job.All of us are frustrated here with NSC and the way they do things .However lets not link our life and joy with GC,we will get it if we are meant to and believe me life does not become a bed of roses after GC nor does it become hell for the lack of it.Finally its just a stamp on a paper.So relax buddy and enjoy life for what it is !!!!!!
prabhudeva
Registered Users (C)
GC is not an issue for me and I totally agree with what you are saying, its losing your rights and realizing first hand what being a second rate citizen/resident/alien means that pinches you the most, unjust gets done on you and you cant even do much at any end that really hurts...its like tying you up with chains and keep giving you punch after punch and then asking hey buddy why dont you react back do something....
PRabhu
PRabhu
gcbandwagon said:Prabhu I am really sorry to hear about your job.All of us are frustrated here with NSC and the way they do things .However lets not link our life and joy with GC,we will get it if we are meant to and believe me life does not become a bed of roses after GC nor does it become hell for the lack of it.Finally its just a stamp on a paper.So relax buddy and enjoy life for what it is !!!!!!
waitingnwaiting
Registered Users (C)
I understand you
I cant agree with you more. It is a really wretched situation we are in.
It's been 7 years on H1b for me.
My I-140 will most probably have problems since company is not willing to give tax returns . (they gave an old financial statement)
If I get an RFE, I am dead.
The feeling of dread is always there.
One thing you can do is find another H1-b in a state with fast approvals.
then you will be back to I-140 pretty quickly.
I cant agree with you more. It is a really wretched situation we are in.
It's been 7 years on H1b for me.
My I-140 will most probably have problems since company is not willing to give tax returns . (they gave an old financial statement)
If I get an RFE, I am dead.
The feeling of dread is always there.
One thing you can do is find another H1-b in a state with fast approvals.
then you will be back to I-140 pretty quickly.
prabhudeva
Registered Users (C)
Thanks for the advice...but can't as H1b 6 years end in 2 weeks and I will naturally transition to EAD..unless 140 is pending for one year u can't extend H1b....
waitingnwaiting said:
prabhudeva
Registered Users (C)
http://www.immihelp.com/visas/h1b/beyond6.html
anyways not sure if I want to go this route...yeah these can be interpreted in multiple ways...but with my options I will just take my risk and fight for my rights or go back home ...no h1b for me any more, enough of slavery...life in IT is much better @home than here
anyways not sure if I want to go this route...yeah these can be interpreted in multiple ways...but with my options I will just take my risk and fight for my rights or go back home ...no h1b for me any more, enough of slavery...life in IT is much better @home than here
unitednations said:
GC Leke Jao
Registered Users (C)
Response from IO : +ve
Friends,
Just called CS 800 number and managed to get an IO on the line.
The conversation went as follows :
Me : Good afternoon officer, I need some clarification on AC21 rule and how it applies to concurrently filed cases.
IO : Let me direct you to info on our website.
http://uscis.gov/lpBin/lpext.dll/in...w-22417?f=templates&fn=document-frame.htm&2.0
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(c) INCREASED JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS- (1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:
“(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D)for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.”.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))is amended by adding at the end the following new clause:
“(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.”.
Me : Officer, when the AC21 rule was out, there was no concurrent filing, so it was understood that 140 was approved, but now my case 140/485 both are pending more than 180 days and I would like to change jobs.
IO : No need to worry, as long as you have a similar job from the new employer you are ok. If I process this kind of a case I would be putting more emphasis on the LC. If the LC is valid from the DOL, then I would be ok.
Me : Officer, my current employer is saying that he would withdraw the I-140. Is there is a risk involved ?
IO : As I told before my emphasis would be on the LC. Even at the time of interview I would be asking for the LC validity. You said you are willing to move to a new employer. Is the job similar to your current one.
Me : Yes officer.
IO : Then don't worry. Just make sure the LC would be still valid. LC depends on the DOL.
Me : Is it ok if I change to a different city for the new employer even though it comes under same Service center.
IO : I would look for the same DOL. But that's just me. I've directed you to the info. and that's what the law says. But since everything is based on the LC I would put more emphasis on LC.
Good Luck. You will be alright.
Friends,
I'll be moving to a different city but the same Service center for the new job. So for my case it is still a grey area. That is why I plan to transfer my H1 and keep this GC aside. If approved good, if not I give a damn. I'll start it afresh. I still have 3 more years to go on H1. Enough of these headaches.
I'll go stay with my spouse (both are working in different states) and live happily.
Good luck to all.
Friends,
Just called CS 800 number and managed to get an IO on the line.
The conversation went as follows :
Me : Good afternoon officer, I need some clarification on AC21 rule and how it applies to concurrently filed cases.
IO : Let me direct you to info on our website.
http://uscis.gov/lpBin/lpext.dll/in...w-22417?f=templates&fn=document-frame.htm&2.0
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(c) INCREASED JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS- (1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:
“(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D)for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.”.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))is amended by adding at the end the following new clause:
“(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.”.
Me : Officer, when the AC21 rule was out, there was no concurrent filing, so it was understood that 140 was approved, but now my case 140/485 both are pending more than 180 days and I would like to change jobs.
IO : No need to worry, as long as you have a similar job from the new employer you are ok. If I process this kind of a case I would be putting more emphasis on the LC. If the LC is valid from the DOL, then I would be ok.
Me : Officer, my current employer is saying that he would withdraw the I-140. Is there is a risk involved ?
IO : As I told before my emphasis would be on the LC. Even at the time of interview I would be asking for the LC validity. You said you are willing to move to a new employer. Is the job similar to your current one.
Me : Yes officer.
IO : Then don't worry. Just make sure the LC would be still valid. LC depends on the DOL.
Me : Is it ok if I change to a different city for the new employer even though it comes under same Service center.
IO : I would look for the same DOL. But that's just me. I've directed you to the info. and that's what the law says. But since everything is based on the LC I would put more emphasis on LC.
Good Luck. You will be alright.
Friends,
I'll be moving to a different city but the same Service center for the new job. So for my case it is still a grey area. That is why I plan to transfer my H1 and keep this GC aside. If approved good, if not I give a damn. I'll start it afresh. I still have 3 more years to go on H1. Enough of these headaches.
I'll go stay with my spouse (both are working in different states) and live happily.
Good luck to all.
no one sure, all we can do is to push BCIS
I have sent the attached document to cisombudsman@dhs.gov, and I hope he can push BCIS to do something right. I guess if many more people will do the same, we have more chance.
I have sent the attached document to cisombudsman@dhs.gov, and I hope he can push BCIS to do something right. I guess if many more people will do the same, we have more chance.
GC Leke Jao
Registered Users (C)
Can I transfer H1 without damage ?
Friends,
As I posted earlier, I would like to transfer my H1 to the new company, so to avoid any risks working on EAD with pending I-140. My 140/485 pending more than 6 months.
Would this jeopardize my GC processing.
My new company lawyer says so. She says that the last time I contacted INS is when I applied concurrently for I-140/485, EAD & AP. And now I'm contacting them to transfer my H1. So she says that this may cause complete collapse of my existing GC processing.
The new company is willing to start GC afresh if required.
But I'm curious if a H1 transfer to the new company would void my current GC processing. Can't I use AC21 when I get NOID or RFE ??
Thanks a lot.
Friends,
As I posted earlier, I would like to transfer my H1 to the new company, so to avoid any risks working on EAD with pending I-140. My 140/485 pending more than 6 months.
Would this jeopardize my GC processing.
My new company lawyer says so. She says that the last time I contacted INS is when I applied concurrently for I-140/485, EAD & AP. And now I'm contacting them to transfer my H1. So she says that this may cause complete collapse of my existing GC processing.
The new company is willing to start GC afresh if required.
But I'm curious if a H1 transfer to the new company would void my current GC processing. Can't I use AC21 when I get NOID or RFE ??
Thanks a lot.
iknowitall
Registered Users (C)
well if you transfer you are risking your gc process because in one way you are trying to become an immigrant and on the other hand you are trying to apply for a non immigrant visa. they are contradictory. instead of all this why dont u send the ins an ac21 letter for change of jobs stating the field of job and similarities and just take the plunge. in any case if it gets denied you have the option for a h1 than. and according to your conversation with the IO today that looked very positive. i hope the best for you.
GC Leke Jao
Registered Users (C)
Hi iknowitall,
Thank you for the response.
One question here is if I use my EAD to change jobs and send AC21 letter to update INS (even though 140 not approved and pending more than 180 days), in case my GC gets denied and I apply for H1, wouldn't I come under the H1 cap ??? Because it is like a new H1 again. So I think I would be counted under the cap.
Thank you.
Thank you for the response.
One question here is if I use my EAD to change jobs and send AC21 letter to update INS (even though 140 not approved and pending more than 180 days), in case my GC gets denied and I apply for H1, wouldn't I come under the H1 cap ??? Because it is like a new H1 again. So I think I would be counted under the cap.
Thank you.
iknowitall
Registered Users (C)
yes if you use your EAD , you lose your H1 status , as you cannot have an intent to have two statuss' at one time. and than if you apply for a h1 it will be a new h1 i am guessing. but if your GC gets denied , go to court , believe me it will be debatable.
as much as i am also waiting for my 140 to get approved let me tell you this, the bottom line is that ac21 does not require a 140 approval, atleast the law doesnt state that, again it all depends on the IO to whom this case goes to.
what the immigration officer did tell you and what does make sense is that they really should follow LC and the job description in their, because they are the ones who messed up and created this situation. AC21 was taken out to reliev people like us because of huge backlogs, if they deny cases based on that, they are going against the congress and their own intent of giving legal immigrants some space to breathe.
, believe me it will be debatable.as much as i am also waiting for my 140 to get approved let me tell you this, the bottom line is that ac21 does not require a 140 approval, atleast the law doesnt state that, again it all depends on the IO to whom this case goes to.
what the immigration officer did tell you and what does make sense is that they really should follow LC and the job description in their, because they are the ones who messed up and created this situation. AC21 was taken out to reliev people like us because of huge backlogs, if they deny cases based on that, they are going against the congress and their own intent of giving legal immigrants some space to breathe.