GINNU or anyone Pl. Help!! Spoke to attorney..485 approved..sponsor company shut down

Question could be more complicated. Even if you are using AC-21 then also there is no need to work for AC-21 company also. So technically it is possible to use any willing company's financial info to overcome the ability to pay issues.
 
unitednations said:
This could be the beginning of the end. Maybe this is why uscis didn't issue formal guidance on this because of all the doors it opens.

My thoughts were always that if you could use ac21 to switch to a new employer prior to obtaining greencard then there really is no need for labor certification.

Instead of one going to work for a company who has shown the need to department of labor, you are becoming a member of the general work force.

I know this is wishful thinking especially in this political environment, but maybe usa changes skilled worker to how Australia and Canada have it. That is a point system. You get certain points for skill sets, english language, education training, having an existing job offer, etc.

Immigration is not tied to one employer but rather, does the general work force need skills that one possesses.

In my mind portability to a new company rendered labor certification useless for skilled workers.
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AC21 has also created a cottage industry of selling labor certifications and green card processing. This was certainly not the intent of AC21 and I do not believe that USCIS will permit this abuse to continue.
 
unitednations said:
If ina law was written that 140 needed to be approved before use of ac21 then I agree with you that it would have been issued in error.
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AC21 has done nothing to change the requirements for approval of an I-140, and there absolutely needs to be an approved and approvable I-140 in order to invoke AC21. Reread the Yates memorandum - it clearly states that at the time of the I-140 approval there needs to be intent and ability to hire on the part of the employer and alien.

The INA doesn't need to explicitly state that I-140 approval is required for AC21 to work.
 
company shutdown

my situation is very similar....except its eb2.
company A filed 140/485 in may 2003
went out of business & shutdown in couple of months...
i immedietely moved to a company b, with same job title/description/location/salary...with the intent of using ac21...

my 140 got approved....couple of months back...485 pending ...fp done...long time bk

i havent sent any ac21 papers..as my lawyer suggested wait for rfe..in case if they raise...

wt situation am i in....i didnt use ead, but put h1 transfer from A to B and still in H1. to complicate it further....going to get married in a month and get her here to add in 485...

since my company shutdown, i dont have an option of going back, even though my intent is still there...but i will be with company b...i havent sendt any papers to bcis though....
 
kshathrya said:
my situation is very similar....except its eb2.
company A filed 140/485 in may 2003
went out of business & shutdown in couple of months...
i immedietely moved to a company b, with same job title/description/location/salary...with the intent of using ac21...

my 140 got approved....couple of months back...485 pending ...fp done...long time bk
---- you are fine to use AC21 ( if the file is transfred to local office for Interview just keep any email printout or any evidence that the past company is closed and show ONLY if asked)
i havent sent any ac21 papers..as my lawyer suggested wait for rfe..in case if they raise...
------ I will send AC21 letter so that USCIS has recent update in your file becase with RFE they send long list of documents
wt situation am i in....i didnt use ead, but put h1 transfer from A to B and still in H1.
----that is good back up plan, I know a friend in similar situation, I-140 approved I-485 pending more than 2 years with VSC and file got transfred to NJ local USCIS for Interview, he sent the AC21 letter from new employer and his Interview was in June 2004 and the case approved.
to complicate it further....going to get married in a month and get her here to add in 485...

since my company shutdown, i dont have an option of going back,
--- I dont see any problem for you, If I am in your situation I will send AC21 letter
even though my intent is still there...but i will be with company b...i havent sendt any papers to bcis though....
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tnx..ginnu...

u have been very active in the group and help so many in need of advice...tnx once again...

my only concern was that my company shutdown before my 140 approval, but my 140 got approved eventually...i moved before 180 days, as my company shutdown....

anyways, if i am bring my wife here, how soon i can add her...do i have to wait for a while?

what is involved in adding my wife, when my 485 is pending...what has to be sent to BCIS?
 
kshathrya said:
u have been very active in the group and help so many in need of advice...tnx once again...

my only concern was that my company shutdown before my 140 approval, but my 140 got approved eventually...i moved before 180 days, as my company shutdown....
--- I dont see a problem
anyways, if i am bring my wife here, how soon i can add her...do i have to wait for a while?
----- bring her on H4 and file her I-485 when she reaches US
what is involved in adding my wife, when my 485 is pending
--- Your I-485 filing reciept, Marriage certificate copy, Photographs, Medicals her Birth certificate ( if she changed name after marriage get Affidevit of name change on 10 rupees stamp paper) if No birth certificate then Nonavalibility certificate from Municipality or Village Panchayat or from Disrtict Registrar of birth( if the documents in Indian language get then translated and get stamp from Any Notary Public in India as TRUE translation, her Valid I-94 copy front and Back, her passport pages, afffidevit of support from your side signed before Notary in US( every Bank has Notary in US you can get it done by Notary from your Bank) fill up her I-485 form attach all the above and pay the correct USCIS fees for I-485 + fingerprinting fees$70. you can keep everything ready, when she reaches US just go for her Medicals( it will take 3-4 days for results)
you should also apply her EAD and AP with I-485 becase once she gets EAD she can also get SSN and driving licence, for EAD AP requirements read the threds or posts when you are going to apply
...what has to be sent to BCIS?
-- read above
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ginnu said:
I don't see a problem
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Jim Mills clearly stated that if the I-140 petitioner ceased to exist before the I-140 was approved, the I-140 is dead.

Now, this is only an issue if it comes to USCIS' attention, and the alien is under no obligation to mention it. However, I would be concerned about it.

Practically speaking, the likelihood of this being a problem is very low, since USCIS will in all probability not dig into the I-140 petitioner too much. However, if they ever do investigate at the I-485 approval stage or the citizenship interview, there will be problems.
 
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