Friends I Need Advice

ecclabs

ecclabs

New Member
Advice Needed from All of You:

Hi:

I have a different case alltogethar.

I started my GC process September last Year. I am working with my sponsoring employer for last 5 years.

My details are below:

Got Transferred from overseas subsidiary company on L1A visa.

My i140 was filed in EB1 - Multinational Manager
Center CSC-San Jose

I140 filed October 2001
I140 Approved feb 2002

Filed I 485 Apr 2002
Completed FP for self & Spouse in May 2002
Got EAD & AP for Self
Didn't apply for AP/EAD for Child & Spouse as they have valid L2 Visa till March 2004

180 days will complete on Oct 1st.

The company is not doing good. Going on for some time on Loan/Bridge money.

Couple of other employee on L1A got their I140 rejected due to company financial after getting RFE.

The Company is asking me to go back as they are shifting the R&D other activities back in subsidiary I came from and want to reduce cost using this situation. I have asked for some time so that I can take all your advice.

I am just 3-4 weeks away from completing my 180 days. Company lawyer is representing my case.

What should I do ?

I have to soon reply back to them.

Please pool in your advice in this regard. I will be deeply indebted to you all.
 
Not sure of L1 issues much...

But it would be good if you could stay with the present employer till completing 180 days! I believe, it would be fine for L1 to GC people to work abroad with the same company and get approved while outside the country. Then you'll be a permanent resident and you can come back to US and work with GC. I am not sure of the stamping issues - whether you have to stamp in US consulate abroad etc.

Another option is to change job with EAD using AC-21. But if you use EAD, L1/L2 status will expire. Still you are in status since AOS is pending. It would have been good if you'd have applied AP for dependents also.

Discuss with your lawyer /email (discuss) with Murthy, Rajiv Khanna ... about L1 issues on Green card.

Good Luck,
 
remember this...from murthy.com

your 180 days at work continue to increment unless the INS cancels your I-140/H1 etc based on your compay's advice.
So ask your company just to keep the H1/I-140 going, after
180 days your company cannot revoke the I-140.
 
Thanks tt tt & Nell02

Thanks tt tt & Nell02:

Looking at the precarious situation I am in, I called up IIO this morning & asked about my status.

She asked for my receipt number & then said, " it has not been approved" and is "still pending". She also said "we have got everything & file is complete, ready to be assigned to an officer but not assigned yet"

When I asked her when can I expect it to be assigned, she said" in next 4 months your case should be approved and send to card production"

I know it doesn't give much information but gives me a hope that an rfe hasn't been generated till this point.
 
ecclabs...

AC21 regulations are not clear yet (here we go again..). Ok, we heard that CSC has in a few instances required applicants to work for the original employer for 180 days. Even if this is true, you can, if you wish, leave the company after 180 days and be a legal AOS applicant until your case is adjudicated. You may/may not have to show that your new job description is the same as your old, depending on if you get an RFE or not.

I dont think the case is very different from H1 as long as you start using EAD and go into immigrant status.

good luck...
 
Can Employer do anything fishy

Thanks Neeru:

If I change employer & work on EAD after 180 days, can my employer "revoke the approved i140". If this happens then my GC application doesn't remain valid.

I am not sure, whether the employer can leaglly revoke i140 or not. I could find little or no information related to revoking of i140 without employer revoking it without employee consent.

The issue is if I decline going back to overseas subsidiary, then they can start the legal proceeding and since me & my family are L1/l2 based, it can be a big problem.

FRIENDS/EXPERTS your suggestion will help me a lot.

Please put in your thoughts and help me pass through this phase.
 
Please read about the AC21 interpretation from Shusterman at www.shusterman.com and Q&A from www.murthy.com; From what I understand from my readings earlier, 180 days after submission of your form, you are safe as long as you have an equivalent job; I and most users of this website are waiters just like you. So make sure you contact an attorney before you act.

good luck...
 
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If you can somehow be in the same job till you finish 180 days you are home free. I think it is worthwhile to consult a good attorney ( tbe best is always advisable). I recommend Carl Shusterman (www.shusterman.com) who is the best attorney I came across.

Feel free to send me a private message.
 
You are reasonably safe now. If you leave your current employer on , lets say, 16th Sept., not enough time for your employer to send the letter to revoke INS and INS actually work on it.

In my openion, if you have another job offer, go get it (if there is no other alternative ...). On the other hand, you will complete 6 month on Oct. 1, why not wait 2 more weeks.
 
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