usnycus said:
I guess you can go through that path but I must say it's risky. I can't imagine USCIS will fail to notice I-140 approval date and I-485 petition time gap, And if they do, they are going to issue RFE.
If possible, convince your old employer to continue the process.
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check the latest I-485 approval in similar situation posted by"dyt1" and I know very good lawyer in east coast who has got 3-4 cases approved in similar situations.
http://www.immigrationportal.com/showthread.php?t=136780
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my long GC story in short ( posted by "dyt1")
filed LC RIR thru company B in 04/2001
got LC approval in 06/2001
filed I-140 EB2 07/2001
layed off from comp B in 09/2001 - at this point I was in my late 5th year on my H1
applied H1 thru a company C in 10/2001 ( no project - on bench )
12/2001 got I-140 approval thru company B, received a copy of
my I-140 approval from comp B attorney
at this point I contacted company B's attorney and several local
immigration attorney's to check whether I can use this I-140 approval
and can file my I-485 - everyone said "NO"
now I'm in my final (6th) year on my H1
as a last attempt, finally I want to check my chances of filing
my I-485 with one of the famous immig. attorney's (say "X")
on the north east.
they (attorney "X" ) told me that I can file my I-485 using AC21,
and I have 50% chances of getting my approval ,
they also said my chances of approval will improve a lot
if USCIS do not adjudicate my application within 180 days
of filing the I-485 application ,
they asked me whether I'm willing to take that risk - immed. I said YES.
I filed my I-485 using AC21 in 03/2002 using company B's I-140 and mentioned current employer as company C - still no project and on bench,
in order to overcome that 180 days rule we deliberately didn't
include employer letter ( offer letter) so that if we receive an
RFE on this, then we can buy some time.
joined another company D in 04/2002
( with in 15 days of filing my I-485 )
as they ( comp D) found me a project - didn't inform USCIS about this change of job.
in between I received 2 EAD's, 2 AP's and did my 1st FP in 10/2002,
online message status changed to FP results received.
07/2003 sent change of job letter to USCIS thru company D - made sure this
letter is same as offer letter from company B in every sense
( salary, skills and job responsibilities) even the words used are same.when current processing dates moved to 05/2002 in 06/2004
( more than 30 days diff in current processing dates and my ND),
I called USCIS and initiated their internal inquiry and
around the same time ( mid june 04 ) I faxed Level 1 Inqiury sheet twice.
received 2nd FP notices on 06/29, did early FP on 07/02.
07/07/04 online message changed to FP results received.
07/13/04 online message changed to " this case has been approved"
NO RFE nothing - this is SHEER luck and its god's grace
did stamping on 07/27/04 - waiting for plastic card.
pardon me for posting this late as I couldn't believe that
my application is approved with out an RFE
and want to make sure the stamping
is done smoothly with out any hassles.
P.S :- THIS SITE IS A GIFT FOR PEOPLE WHOSE GC
IS TOTALLY SCRE**D UP LIKE MINE
FOR OTHERS IT'S JUST ANOTHER IMMIG. SITE.
- THIS IS NO EXAGGERATION.
hope this information is helpful to all of you
and I would like to THANK all of you who offered
invaluable suggestions all along.
