Eligible for portability; but sponsering company threating to withdraw INS petition

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robocop

Registered Users (C)
Hi all,

Need help. I have EAD and eligibile to switch jobs under 180 days portability rule, so I switched job recently. My I-140 is approved and I-485 is pending for over 18 months.

Original sponsoring company is threating to file petition-withdrawal request to INS.
Can they do that? will I loose this status?
From what I have read and heard, after 180 days of I-485 filing and I-140 approval, sponsering company has no hold on the case.

Any advise is really appreciated.
Regards
 
robocop said:
Need help. I have EAD and eligibile to switch jobs under 180 days portability rule, so I switched job recently. My I-140 is approved and I-485 is pending for over 18 months.
Click to expand...

Good.

Original sponsoring company is threating to file petition-withdrawal request to INS. Can they do that? will I loose this status?
Click to expand...

They can withdraw the approved I-140, and all that will happen is that USCIS will send you a Notice of Intent to Deny on your I-485. You have 30 days to respond with evidence of your new job offer.

So make sure you have your documentation in order, and make sure that you (or your attorney) will receive the NOID and can respond immediately. Once this is lined up, tell your old employer goodbye.
 
Excellent. Thanks a bunch.
Unfortunately, lawler is from that firm, so I have to do something to make sure I get NOID on time. May be I should change the mailing address of this petition.

Regards
 
you should be able to submit a new g28 for you I485 that superceeds the one submitted for the employer's lawyer. Search on g28 and you should find some posts from people with similar issues.
 
pcc said:
you should be able to submit a new g28 for you I485 that superceeds the one submitted for the employer's lawyer. Search on g28 and you should find some posts from people with similar issues.
Click to expand...
That is correct, he can file new g28. Just a word of caution, even after filing new g28, there is no gurantee that the notice will go to new lawyer. This happend in one of my friend's case.
 
robocop said:
Hi all,

Need help. I have EAD and eligibile to switch jobs under 180 days portability rule, so I switched job recently. My I-140 is approved and I-485 is pending for over 18 months.

Original sponsoring company is threating to file petition-withdrawal request to INS.
Can they do that? will I loose this status?
From what I have read and heard, after 180 days of I-485 filing and I-140 approval, sponsering company has no hold on the case.

Any advise is really appreciated.
Regards
Click to expand...

If I were you, I would not move unless I have to. AC21 is good but involve a lot of risk.
Let say NOID does not come to you. Your I485 will be denied, you must file appeal and stop working (unless you are still under 6 year H1B period and do H1B transfer) and worried.

If you have to (no other ways), then find a lawyer and do g28 plus AC21 letter ASAP (Check with USCIS frequencly to make sure the new address is on file with them). Then, prepare for the worst.
 
newbies said:
If I were you, I would not move unless I have to. AC21 is good but involve a lot of risk.
Click to expand...

AC21 involves very little risk if done properly. I'd file the G28 to remove the attorney immediately, and after two weeks I'd call USCIS to ensure that they have received and processed it, and that the address of record for the I-485 and associated petitions is correct. Once this has happened, everything should be OK, even in the case of an NOID.

If one wants to avoid risk, the best way to do so is to abandon all immigration efforts and leave the US. :)
 
robocop said:
Hi all,

Need help. I have EAD and eligibile to switch jobs under 180 days portability rule, so I switched job recently. My I-140 is approved and I-485 is pending for over 18 months.

Original sponsoring company is threating to file petition-withdrawal request to INS.
Can they do that? will I loose this status?
From what I have read and heard, after 180 days of I-485 filing and I-140 approval, sponsering company has no hold on the case.

Any advise is really appreciated.
Regards
Click to expand...
If I were you and knew the employer would withdraw the approved I-140, I would inform the Service Center of change of the employer based on the AC21 without waiting. So, if the CIS gets the request for withdrawal of the I-140 from the employer but has already known you have changed the employment based on the AC21, what will they do? Reject your I-485? Unlikely but may be a RFE.
 
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