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I140helppls

Registered Users (C)
You had helped me on how to file I485 without EVL since employer will not file 485 till 140 is approved

I have more help to ask u for .
see as soon as i will leave my employer they send an application for revoking of i140... not my fear is that when i leave them using ac21, they will come to know that i applied for i485 using evl , so their case for revoking of i140 might become strong or rather they will try to make it stronger by saying 'this employee did not apply GC with our consent etc etc'. so thats my biggest fear .otherwise i think i should apply 485 since my 140 is pending for almost an year now. also my company is a big company and they have a strong legal dept. so they usually go after the consultants and if the consultant has a loop hole /weakness they will take advantage of that . plus they want to make sure thgat no one applied concurrent,,,, and they want to make a strict policy regarding that
 
Why do you want leave the employer before getting approval of I-140? There is no use applying I-485 if they revoke your I-140. In my opinion you should hang on at least until I-140 is approved. Otherwise what ever you done is waste.
 
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what i was trying to say is

if i apply for the 485 right now without EVL (They will not give that to me ) and then my I140 gets approved and I plan to use AC21 later, they will revoke my I140 and also make their case stronger by saying that I applied I485 without their consent .they will definitely want to revoke my case from INS.

and right now they are not willing to file for my I485 since my I140 is not approved. so i was planning to file it myself but without the EVL.
 
so the main question is Do you need the employer permission to apply for I-485? or offer it self is enough to apply I-485.
My personal opinion is that they can not do any thing as I-485 is your petition. They have control over I-140.
To be safer side try to get employment letter with whomsoever concerned. Say for mortgage company or to bring your parents to US. Use that letter to apply I-485. That way you will be safe. Just check with some other attorney.
 
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yes thats what i am thinking to do now but somehow cant make up the mind or rather gather the courage actually.....
 
I will inform you about one similar case employer give XYX the EVL and employee filed I-485, EAD, AP without the knowledge of Employer. He just attached I-140 filing receipt copy and received EAD and AP and few days back I-140 got approved and I-485 hit 180 days. He joined new employer and will use AC21 and the past employer cannot revoke the approved I-140 if I-485 hits 180 days read the August 2003 AC21 memo.

He had the same kind of fear that you have and I told him to meet lawyer to get peace of mind and he went to a. good lawyer and he was told nothing to worry. He asked if the letter that he did not attached with I-485 would haunt him. Lawyer reply was NO. Then he asked what if his case is transferred to local USCIS for interview and they don’t find any letter. Lawyer told him that your new Employer letter to use AC21 would be at top on the file and no need to worry and it is not necessary that your case will be sent for interview better he should update USCIS the day he changes intent and joins new employer and he should send AC21 new employer letter to USCIS. Then he asked if past employer write to USCIS that they did not provide him any letter at the time of I-485. Lawyer replied that they filed I-140 and signed I-140 and the employer intended to file for GC or immigration petition and that is enough and USCIS is not going to revoke the I-140 after it is approved and I-485 pending more than 180 days. Letter or no letter filed with I-485. Lawyer replied what evidence employer will provide that they did not gave EVL to you? USCIS is also expert in missing files and papers from file and these kind of things don’t stand in court and no need to worry
If you want to confirm with good lawyer you can pay him/her the fess and get consultation.

*** Remember in the above case the person filed I-485 with out letter and kept quiet till his I-485 hit 180 days. You should not inform any person who is working with your company and no need to share any info with other friends. File at your risk the example I gave you is based on real situation and not based on imagination. Do what you feel right and don’t do if you don’t feel secure. If you like follow the advice of” tammy2” he does not provide wrong info or advice
Listen to your heart, consult lawyers, don’t go by my opinion and don’t act only on my advice. I am nobody to give you legal advice or opinion Read the disclaimer below
 
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ginnu .
now i am also getting an offer from another company who will file my i140.485 together with an approved labor. do u think i should do that or its better applying for 485 without EVL. i mean what do u think is a better decision??
 
ginnu .
now i am also getting an offer from another company who will file my i140.485 together with an approved labor.
--- First take the approved LC copy to lawyer and see if you meet the criteria to use that LC because you need to have same skills same education BEFOR that LC was filed. If the lawyer says you are eligible then let them file the I-140, I-485, EAD,AP and AP. Once I-140 gets approved you will be safe and join with H1 transfer because if new I-140 does not get approved or your past employer revokes I-140 you will have status
Do u think i should do that or its better applying for 485 without EVL. i mean what do u think is a better decision??
----- Dear, you have to make your decision. I will apply I-485 with out EVL and also request new employer to file I-140, I-485, EAD AP with labor substitution as back up. Because if you leave your current employer he may revoke the I-140 because your I-485 has not been filed and pending more than 180 days
 
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i deleted all my pm's. the offer i am getting is not for future employment. i need to join them first with project.

but thanks very much for all ur responses. all u guys are just like elder bro's helping each other .
 
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