Employer's Office may close < 180 days of I-485
- Thread starter mcnh
- Start date
similar situation -- someone pls respond
My GC details are as follows:
PD 04/30/01
EB3-RIR
RD 6/19/02
ND 6/20/02
WAC-02-212-5xxxx
FP 8/1/02 2 weeks before schedule (8/15) at San Jose
EAD approved 9/17/02
card received 9/30/02
AVM message/online report says "FP results received -non-ident and processing resumed"
My company is going to shutdown end of this month (1.5 months before 180 days). My company lawyer is advising my company to withdraw all INS applications. Is my company obliged to do so? Can my company really cancel out my application? Please help, this is a real situation.
My GC details are as follows:
PD 04/30/01
EB3-RIR
RD 6/19/02
ND 6/20/02
WAC-02-212-5xxxx
FP 8/1/02 2 weeks before schedule (8/15) at San Jose
EAD approved 9/17/02
card received 9/30/02
AVM message/online report says "FP results received -non-ident and processing resumed"
My company is going to shutdown end of this month (1.5 months before 180 days). My company lawyer is advising my company to withdraw all INS applications. Is my company obliged to do so? Can my company really cancel out my application? Please help, this is a real situation.
ghost-rider
Registered Users (C)
MCNH
As long as u r getting ur paystubs ie ur job is secure u should be ok.Thats what i feel.
TIHOMG
Read the cases below in this forum and you will defiantely get the answer.
As long as u r getting ur paystubs ie ur job is secure u should be ok.Thats what i feel.
TIHOMG
Read the cases below in this forum and you will defiantely get the answer.
company shutting down < 180 days
ghost rider :
The cases on this thread are either for layoff < 180 days (since the company stays alive, there is possiblity of future employment) or for company withdrawing application after 180 days (in which case withdrawing 140 is still ok).
In my case it has not been 180 days since 485, if my company notifies INS that it is shutting down and wants to void all applications what can I do? As written in the other thread, they cannot cancel 485, but they sure can cancel 140. If they cancel 140, what happens to my 485 application.
I think I might be able to find a new job. Even if the new job is of similar description, what do I need to do if my application gets trashed by INS?
Thanx
ghost rider :
The cases on this thread are either for layoff < 180 days (since the company stays alive, there is possiblity of future employment) or for company withdrawing application after 180 days (in which case withdrawing 140 is still ok).
In my case it has not been 180 days since 485, if my company notifies INS that it is shutting down and wants to void all applications what can I do? As written in the other thread, they cannot cancel 485, but they sure can cancel 140. If they cancel 140, what happens to my 485 application.
I think I might be able to find a new job. Even if the new job is of similar description, what do I need to do if my application gets trashed by INS?
Thanx
Last edited by a moderator:
Don't panic
Today I called Rajiv Kanna, I left my company only 1 month after I filed the 1-485, he said there is no problem at all as long as I have a job. In your case, the worst case scenario is that you get a RFE, at that point you need to provide that you work in a similar job.
Don't worry about the I-140, even if they revoke it now, INS won't act before the 1.5 months you have.
Just wait, and you will hopefully get your GC with no troubles.
Today I called Rajiv Kanna, I left my company only 1 month after I filed the 1-485, he said there is no problem at all as long as I have a job. In your case, the worst case scenario is that you get a RFE, at that point you need to provide that you work in a similar job.
Don't worry about the I-140, even if they revoke it now, INS won't act before the 1.5 months you have.
Just wait, and you will hopefully get your GC with no troubles.
even if your Company send request to Cancell your I-140, for INS it is not prority and I have seen 2-3 cases where employer informed INS but INS never cancelled it till date
Just keep the copy of your I-1485 filling with you for tracking the info later on
Find a new job in simialar occupation your are OK
employer can not cancell your I-485
there is some confusion of this 180 days working with the sponsering employer.
the AC21 is a penality to INS if they do not approve or deny the petition in 180 days. the employee is free to join any company after 180 days after filing I-485 in similar job
Law does not say that you should be working for 180 days with your Sponser Company, GC is for the Future job.
Just keep the copy of your I-1485 filling with you for tracking the info later on
Find a new job in simialar occupation your are OK
employer can not cancell your I-485
there is some confusion of this 180 days working with the sponsering employer.
the AC21 is a penality to INS if they do not approve or deny the petition in 180 days. the employee is free to join any company after 180 days after filing I-485 in similar job
Law does not say that you should be working for 180 days with your Sponser Company, GC is for the Future job.
re:
Since my company is shutting down, there is no future job, so I am not sure if AC21 applies to me. I only hope I will be able to take shelter in AC21 rule. If my company sends cancellation request to INS, I am sure I will get RFE at minimum. At that point I might be asked about the fact that since my sponsoring company is no longer in existence where is the question of future job. Well as with most INS issues, it only makes sense to wait and watch. I am wondering if it will help if I get a attorney to help me. Is there anything at all that can be done at this point?
Since my company is shutting down, there is no future job, so I am not sure if AC21 applies to me. I only hope I will be able to take shelter in AC21 rule. If my company sends cancellation request to INS, I am sure I will get RFE at minimum. At that point I might be asked about the fact that since my sponsoring company is no longer in existence where is the question of future job. Well as with most INS issues, it only makes sense to wait and watch. I am wondering if it will help if I get a attorney to help me. Is there anything at all that can be done at this point?
company shutdown
my case similar, but my company shutdown, 1 month into filing 140/485 concurrent. i received receipt date and in a month time my company shut down.
they will not cancel my h1 or 140 or anything. but, i found a job in the same geog. location and i have requested the new employer to give the job designationa and job duties as similar to my gc job, so i can try ac21 in future if i get 140 approval and if 140 gets cleared.
please let me know, of your thoughts. any suggestion would be greatly appreciated. i hvent even got my ead yet.
do u think 140 will be denied and some how ins will know taht company shutdown? well our company is still there as an entity, i guess.
ks
my case similar, but my company shutdown, 1 month into filing 140/485 concurrent. i received receipt date and in a month time my company shut down.
they will not cancel my h1 or 140 or anything. but, i found a job in the same geog. location and i have requested the new employer to give the job designationa and job duties as similar to my gc job, so i can try ac21 in future if i get 140 approval and if 140 gets cleared.
please let me know, of your thoughts. any suggestion would be greatly appreciated. i hvent even got my ead yet.
do u think 140 will be denied and some how ins will know taht company shutdown? well our company is still there as an entity, i guess.
ks
bs2k,
the best bet for you is that your i-140 is approved without any rfe.
also, ask your new employer if he is willing to do a H1b transfer.
This is the best bet.
if your i-140 is approved, contact your company's lawyer and they should help you out!. if there is rfe on your case, you can still be working on your h1b filed by your new employer.
Since you donot have an EAD, you cannot work. It would be illegal.
However, other people have suggested that your new employer could employ you but will not pay you. he will pay you a bonus when your ead is approved. search the archives for a complete explanation of this process.
btw, which service center are you!
the best bet for you is that your i-140 is approved without any rfe.
also, ask your new employer if he is willing to do a H1b transfer.
This is the best bet.
if your i-140 is approved, contact your company's lawyer and they should help you out!. if there is rfe on your case, you can still be working on your h1b filed by your new employer.
Since you donot have an EAD, you cannot work. It would be illegal.
However, other people have suggested that your new employer could employ you but will not pay you. he will pay you a bonus when your ead is approved. search the archives for a complete explanation of this process.
btw, which service center are you!
------------------------------------------------------------------------------------
Originally quoted by tihomg
Since my company is shutting down, there is no future job, so I am not sure if AC21 applies to me. I only hope I will be able to take shelter in AC21 rule. If my company sends cancellation request to INS, I am sure I will get RFE at minimum. At that point I might be asked about the fact that since my sponsoring company is no longer in existence where is the question of future job. Well as with most INS issues, it only makes sense to wait and watch. I am wondering if it will help if I get a attorney to help me. Is there anything at all that can be done at this point?
-----------------------------------------------------------------------------------
the positive way to look at it....since your company is shutting down at the end of this month, have a chat with your hr and ask them not to revoke your i-140.
even if the company goes ahead with a request to revoke i-140, by the time ins works on it, it would be beyond 180 days and you should be fine. get a good lawyer who specializes in ac21.
file for your ead approval asap. so, in case it takes longer, you can get an interim ead at a local service center. find a job on your ead.
once you get your foot in the door using ead, ask your new employer to file a h1b transfer. so you are safe.
good luck to you
Originally quoted by tihomg
Since my company is shutting down, there is no future job, so I am not sure if AC21 applies to me. I only hope I will be able to take shelter in AC21 rule. If my company sends cancellation request to INS, I am sure I will get RFE at minimum. At that point I might be asked about the fact that since my sponsoring company is no longer in existence where is the question of future job. Well as with most INS issues, it only makes sense to wait and watch. I am wondering if it will help if I get a attorney to help me. Is there anything at all that can be done at this point?
-----------------------------------------------------------------------------------
the positive way to look at it....since your company is shutting down at the end of this month, have a chat with your hr and ask them not to revoke your i-140.
even if the company goes ahead with a request to revoke i-140, by the time ins works on it, it would be beyond 180 days and you should be fine. get a good lawyer who specializes in ac21.
file for your ead approval asap. so, in case it takes longer, you can get an interim ead at a local service center. find a job on your ead.
once you get your foot in the door using ead, ask your new employer to file a h1b transfer. so you are safe.
good luck to you
hi
hi krishnakt,
i am sorry i din explain properly. I got a new job and they are willing to do h1 transfer. my other company lawyer is someone whom i got, so he will tell me all letters received from INS.
my company wont cancel my 140. i have filed for ead, wehn i filed for 485, i am just waiting on that. in fact i will get h1 with thsi new company and will work on that.
my lawyer suggests that i put a concurrent h1 so ins doesnt cancel my old h1 where my gc is happening. do i have to keep my old h1 alive, in this case?
hi krishnakt,
i am sorry i din explain properly. I got a new job and they are willing to do h1 transfer. my other company lawyer is someone whom i got, so he will tell me all letters received from INS.
my company wont cancel my 140. i have filed for ead, wehn i filed for 485, i am just waiting on that. in fact i will get h1 with thsi new company and will work on that.
my lawyer suggests that i put a concurrent h1 so ins doesnt cancel my old h1 where my gc is happening. do i have to keep my old h1 alive, in this case?
psinha,
it is true that sponsoring employer can file a petition to revoke i-140 even after 180 days. this is in conflict with the intent of ac21 law. there are no clear guidelines on this. the understanding is from the june ac21 memo
from the understanding of the recent cases at murthy.com, cases with revoked i-140 were sucessfully challenged and an approval was won.
however, with no clear guidelines, it is anybody's say.
it is true that sponsoring employer can file a petition to revoke i-140 even after 180 days. this is in conflict with the intent of ac21 law. there are no clear guidelines on this. the understanding is from the june ac21 memo
from the understanding of the recent cases at murthy.com, cases with revoked i-140 were sucessfully challenged and an approval was won.
however, with no clear guidelines, it is anybody's say.
Krishnakt - good AC21 lawyers??
Thanks for your posts, Krishnakt, they are very useful.
Any recommendations for good lawyers/law firms having successfully used AC21 for clients? It would be a lot of help.
Does it matter whether the 2nd employer does H1B transfer or puts in a fresh H1B petition, for applying AC21?
Thanks,
usimmgr
Thanks for your posts, Krishnakt, they are very useful.
Any recommendations for good lawyers/law firms having successfully used AC21 for clients? It would be a lot of help.
Does it matter whether the 2nd employer does H1B transfer or puts in a fresh H1B petition, for applying AC21?
Thanks,
usimmgr
Krishnakt - good AC21 lawyers??
Thanks for your post, Krishnakt, they are very useful.
Any recommendations for good lawyers/law firms having successfully used AC21 for clients? It would be a lot of help.
Does it matter whether the 2nd employer does H1B transfer or puts in a fresh H1B petition, for applying AC21?
Thanks,
usimmgr
Thanks for your post, Krishnakt, they are very useful.
Any recommendations for good lawyers/law firms having successfully used AC21 for clients? It would be a lot of help.
Does it matter whether the 2nd employer does H1B transfer or puts in a fresh H1B petition, for applying AC21?
Thanks,
usimmgr
usimmgr,
1. try sheela murthy (http://www.murthy.com) or rajiv khanna (http://www.immigration.com). of late, murthy has been making contradicting oneself with statements on the topics of ac21. so. get a good lawyers suggestion on this.
2. no
1. try sheela murthy (http://www.murthy.com) or rajiv khanna (http://www.immigration.com). of late, murthy has been making contradicting oneself with statements on the topics of ac21. so. get a good lawyers suggestion on this.
2. no