Filed I-485=60 days, changed a job...
- Thread starter Celina
- Start date
I have not got any info from INS so far. I confirmed with my atterney, he still thinks: AC21 is not good for my case. I paid $1000 for filling I-485.
I probably need to find another atterney for filling RFE if I will get one although that $1000 already include filling RFE or what ever....
I probably need to find another atterney for filling RFE if I will get one although that $1000 already include filling RFE or what ever....
krishna raj k
Registered Users (C)
Hi Celina
Why dont you check with Rajiv Khanna or Sheela Murthy. I think they have taken this kind of a case before. I may be in the similar case since my employer is acting smart and I am in the 3rd month. I do have a client who is willing to take me up. But the current emp is trying to extract some money before that and the client is not willing to give that.
Please keep us informed about any advances in your case. Did your former emp send any cancellation to ins ?
Why dont you check with Rajiv Khanna or Sheela Murthy. I think they have taken this kind of a case before. I may be in the similar case since my employer is acting smart and I am in the 3rd month. I do have a client who is willing to take me up. But the current emp is trying to extract some money before that and the client is not willing to give that.
Please keep us informed about any advances in your case. Did your former emp send any cancellation to ins ?
Actually I don't know if the former emp send any cancellation to INS. what can they cancel? My i-140? I don't think so. cuz they gave me the copy of I-140 and I file I-485 by myself. or you mean cancel the application of I-485?
I will share my info with you guys... I got so many nice help here.
I will share my info with you guys... I got so many nice help here.
1. they can cancell I-140 even if the gave you copy of that, if they send a letter to INS to cancell your I-140 according to diffrent lawyers the INS takes more than 3 months to revoke I-140 and some time INS takes more than 6 months, remember the the I-140 will be only revoked when INS takes action on it, If your employer sends a letter to INS to revoke I-140 the date of sending a letter is not the date when INS revokes I-140
2. Once you cross 180 days after filing I-485 then your Employer can not cancell the I-140
so if you are in confusion if I-140 is revoked or not why dont to check online case status or through AVM punching your I-140 # that may start with LIN, EAC, WAC and you will know about the status of your I-140
3. Employer can not cancell I-485
2. Once you cross 180 days after filing I-485 then your Employer can not cancell the I-140
so if you are in confusion if I-140 is revoked or not why dont to check online case status or through AVM punching your I-140 # that may start with LIN, EAC, WAC and you will know about the status of your I-140
3. Employer can not cancell I-485
Thanks, ginnu, I checked the I-140 status, it is approved on July 2001. I didn't see revoke or cancel .... so is it ok?
by the way, since I changed job at end of last year, so this year I turned in two W2 forms, one is from old company, one is from the company I'm working at. Is that hurt? INS will definitely find it and find I changed job before 180 days....
I checked the I-140 status, it is approved on July 2001. I didn't see revoke or cancel .... so is it ok?by the way, since I changed job at end of last year, so this year I turned in two W2 forms, one is from old company, one is from the company I'm working at. Is that hurt? INS will definitely find it and find I changed job before 180 days....
Thanks, ginnu, I checked the I-140 status, it is approved on July 2001. I didn't see revoke or cancel .... so is it ok?
------- GOOD, No Problem
by the way, since I changed job at end of last year, so this year I turned in two W2 forms, one is from old company, one is from the company I'm working at. Is that hurt?
------NO
INS will definitely find it and find I changed job before 180 days....
---INS can find out but they are more concerened about your Job skills with new employer and this will not hurt, !!!! relax
------- GOOD, No Problem
by the way, since I changed job at end of last year, so this year I turned in two W2 forms, one is from old company, one is from the company I'm working at. Is that hurt?
------NO
INS will definitely find it and find I changed job before 180 days....
---INS can find out but they are more concerened about your Job skills with new employer and this will not hurt, !!!! relax
Celina
Though you will not qualify under AC21, you should wait to see if INS issues RFE. Just wait. It is possible that they will approve it without RFE. If you choose to notify them without RFE, there is 99% chance that your I-485 will be denied.
If at all they issue RFE, then your lawyer should be able to explain them that you didn't leave the company but they let you go and you found permanent job with new employer. This is not fool proof but it works most of the time. INS is lenient if the employer let you go and you found another job.
Though you will not qualify under AC21, you should wait to see if INS issues RFE. Just wait. It is possible that they will approve it without RFE. If you choose to notify them without RFE, there is 99% chance that your I-485 will be denied.
If at all they issue RFE, then your lawyer should be able to explain them that you didn't leave the company but they let you go and you found permanent job with new employer. This is not fool proof but it works most of the time. INS is lenient if the employer let you go and you found another job.
celina
My friend changed job within 4 months after filing I-485, on EAD. He did not notify INS and waited for RFE. When the RFE came after 1 yr, all they asked is for employment status. He told that he is currently working for the new employer and it is a permanent job. The letter no where indicated when he started working with new employer. Eventually his case was approved.
So what I am saying is, if you notify them without RFE, the chances of denial are higher compared to notfying them after they issue RFE, which will be mostly after one year from I-485 filing. Who knows, they might ask for employment status after one year and you produce a letter from new employer simply stating that you are working permanently with them. INS wouldn't be looking at every document to see if you changed employers before 180 days. Once they receive your response to RFE, all they would assume is that you changed employer after sometime undetermined time. But if you do what you plan to do, then you are closing that option completely.
So, in a situation like this, take chances. Anyway, this is my personal opinion.
My friend changed job within 4 months after filing I-485, on EAD. He did not notify INS and waited for RFE. When the RFE came after 1 yr, all they asked is for employment status. He told that he is currently working for the new employer and it is a permanent job. The letter no where indicated when he started working with new employer. Eventually his case was approved.
So what I am saying is, if you notify them without RFE, the chances of denial are higher compared to notfying them after they issue RFE, which will be mostly after one year from I-485 filing. Who knows, they might ask for employment status after one year and you produce a letter from new employer simply stating that you are working permanently with them. INS wouldn't be looking at every document to see if you changed employers before 180 days. Once they receive your response to RFE, all they would assume is that you changed employer after sometime undetermined time. But if you do what you plan to do, then you are closing that option completely.
So, in a situation like this, take chances. Anyway, this is my personal opinion.
Yee Man Chan
Registered Users (C)
Notify them after 180 days should be the best move. Otherwise, technically they can deny you outright before 180 days.
Yee Man Chan
Registered Users (C)
Celina,
It doesn't hurt to notify but you are not required to do that.
It doesn't hurt to notify but you are not required to do that.
ghost-rider
Registered Users (C)
Celina
If you think your 140 willnot be revoked by ur previous employer then u should hang on and inform when RFE comes else inform INS after 180 days to be safe. That way even if your employer send application to revoke 140 u r in best shape and willnot have to go through any appel process.
Thats what i think or u r the best judge of you situation.
http://www.murthy.com/UDac21qa.html
If you think your 140 willnot be revoked by ur previous employer then u should hang on and inform when RFE comes else inform INS after 180 days to be safe. That way even if your employer send application to revoke 140 u r in best shape and willnot have to go through any appel process.
Thats what i think or u r the best judge of you situation.
http://www.murthy.com/UDac21qa.html
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Celina,
I would suggest sitting tight and letting the INS take the initiative. Send an employment letter to the INS only if they ask for it. If you are called for an interview, then take it with you anyway, because they can ask about the current employer. If you get through without an interview, as is the most likely case, then you don't have to worry about anything. The intent of the employment letter is only to establish that a job, matching the criteria filed with your LC will be available to you when your AOS is approved. It is not wholly correct to assume that you have to be working at the same job throughout the the AOS period.
Best of luck
---------------------------------------------------------------------------------
I-140 approved at Sep 2001.
I filed I-485 at Oct, 2001,
Lay off at Dec 2001, changed to another company with same job title at Dec, 2001.
FP, Jan 2002
No further info so far.
According AC21, do I still have change to get my I-485 approved?
If INS asked for RFE, what should I do?
Are there any similar cases got approved?
Should I filed any new documents from new empolyer now?
Any responce are apreciated, thanks a lot.
- Celina
I would suggest sitting tight and letting the INS take the initiative. Send an employment letter to the INS only if they ask for it. If you are called for an interview, then take it with you anyway, because they can ask about the current employer. If you get through without an interview, as is the most likely case, then you don't have to worry about anything. The intent of the employment letter is only to establish that a job, matching the criteria filed with your LC will be available to you when your AOS is approved. It is not wholly correct to assume that you have to be working at the same job throughout the the AOS period.
Best of luck
---------------------------------------------------------------------------------
I-140 approved at Sep 2001.
I filed I-485 at Oct, 2001,
Lay off at Dec 2001, changed to another company with same job title at Dec, 2001.
FP, Jan 2002
No further info so far.
According AC21, do I still have change to get my I-485 approved?
If INS asked for RFE, what should I do?
Are there any similar cases got approved?
Should I filed any new documents from new empolyer now?
Any responce are apreciated, thanks a lot.
- Celina
"The intent of the employment letter is only to establish that a job, matching the criteria filed with your LC will be available to you when your AOS is approved. It is not wholly correct to assume that you have to be working at the same job throughout the the AOS period. "
---The intent of the employment letter is only to establish that a job, matching the criteria filed with your LC will be available to you when you are granted GC and the job will be PERMANENT only after GC, they have to pay you the minimum wages as on LC after you get GC, the new employer letter has just to state that you will be working as (JOB Title, Skills ( should mach with LC) and you will be employed as Permanent Employe once his/her GC is approved, the new employer letter should be submited before I-485 approval, or if INS sends RFE, the Permanent job is future job after GC is granted
---The intent of the employment letter is only to establish that a job, matching the criteria filed with your LC will be available to you when you are granted GC and the job will be PERMANENT only after GC, they have to pay you the minimum wages as on LC after you get GC, the new employer letter has just to state that you will be working as (JOB Title, Skills ( should mach with LC) and you will be employed as Permanent Employe once his/her GC is approved, the new employer letter should be submited before I-485 approval, or if INS sends RFE, the Permanent job is future job after GC is granted
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Thank you so much, here are so many nice people
after summarize all yours suggestions, I may probably just wait until a RFE is issued.
But my current attorney said he doesn't think AC21 applies to my case. If there is a RFE issued in the future, should I hire other attorney to file the RFE under AC21?
I already paid $1000 for the I-485. Felt painful to pay extra money for another attorney. But if it helps, I will do that.
Any your suggestions?
Celina
after summarize all yours suggestions, I may probably just wait until a RFE is issued.
But my current attorney said he doesn't think AC21 applies to my case. If there is a RFE issued in the future, should I hire other attorney to file the RFE under AC21?
I already paid $1000 for the I-485. Felt painful to pay extra money for another attorney. But if it helps, I will do that.
Any your suggestions?
Celina