gurus please help me regarding 140/485

V

verant123

Registered Users (C)
gurus , i want some help and suggestions
my labor was filed from NY city in sept 2001 and i got query in State DOL, i dont know how many days it may take to resubmit and goes to regional for final clearance. i am in 7th year

i spoke to my attorney, we have one pre approved labor, i think it may fit

is it okay if i can use this and apply 140/485 both for me and my wife ASAP,
my manager told me last week that we have layoffs and i may be layoffed
he asked me one question.
suppose if we file 140/485 and after 3 months can you go and search for another job? if yes then we'll file 140/485 with preapproved labor

so please let me know is it possible that i can go to anyother place and search for new job once my 140/485 filed and 3 months over?

this is very urgent issue and i have to tell my manager in 2 days
please help me, i dont have any other options becoz i am in 7th year already

if i use preapproved is ther any chence of gettign RFE's or queries now?
 
The asnwer is YES but not after 3 months. You can take advantage of AC21 after 180 days of filling I-485.
 
thanks gc80 for info
is it okay even if we wont get 140 approved? still i can change another company by using AC21

gc80 said:
The asnwer is YES but not after 3 months. You can take advantage of AC21 after 180 days of filling I-485.
Click to expand...
 
As per my knowledge, yes you can even if your 140 is not approved! Many users in this forum have posted their 140 approval after 180 days without working for the same company which filed their green card. This is just the information I gathered from this forum, so talk to your lawyer to confirm this.

Because as long as your company doesnt revoke your 140 petition, you are free to move to a different company after 180 days using AC21.

Good luck,
Antro
 
thanks antropeter
yes my manager helps not to revoke my 140 petition eventhough they layoff
me.

is there any possibility of getting queries in 140/485 becoz i am using a pre approved labor from my company
and what kind of queries or RFE's or NOF's i'll get and how to answer those
becoz i wont be in that company anymore?
 
Stay in touch with your manager and lawyer constantly! Also try to be an employee of this company for atleast 180 days (some people leave even before that due to job crisis, which is ok because Green Card is for future employment not current).

As long as your company doesnt revoke your 140 you shouldnt have any problem after 180 days! There can be any kind of RFEs, dont worry about it right now.... if you stay in touch with your manager and the lawyer you should be able to resolve all kinds of RFEs.

There are many people in this forum (including me) used pre-approved labor, so you are not the first one to do that, so it is not a problem, many of them have got their 140 and 485 approved with pre-approved (substitution) labor.

Good luck!

Antro
 
thanks antropeter
today i spoke to my attorney,he told he'll call my Hr and ask aobut preapproved
hope everything goes good and they'll say ok to apply 140/485

i want to apply both for myself and my wife but she is in india
is it necessary that she has to be here when we apply for 140/485?

i have to take medical reports and birth certificates also?
 
you can add your wife later or you can include her now and then send medicals and bisrth certifiate later talk to your lawyer about the both the options


but you should apply ASAP . as long as your existing company doesn't revoke your I140 then your OK .
 
thanks hmd
i want to add my wife now only becoz once we get EAD she can start working,now she is in H4

hope HR and lawyer says okay for substitution and everything will be good by God's Grace

i'll try to stay until this year end by asking once again to my manger,we'll see
 
i want some suggestion
my manager told me that if they apply 140/485 now means in 1 month, after 90 days i may let go from office,
suppose i got RFE in 140 stage, then lawyer wont help
what is my position, still i can able to reply those RFe's

what is my situation
please help me so that i can convince my manager to get preapproved labor to file 140/485 concurrently.
i am in dire straits
 
thanks jharkandhi
my employer helps but attorney says if any RFE comes then he tells BCIS that i am no longer in the company .
so what i have to do now. please let me know
is it okay i can change another lawyer if any RFE comes after 3 months?
 
verant123 said:
thanks jharkandhi
my employer helps but attorney says if any RFE comes then he tells BCIS that i am no longer in the company .
so what i have to do now. please let me know
is it okay i can change another lawyer if any RFE comes after 3 months?
Click to expand...
File thru another lawyer. Your lawyer seems to be rotten one. It is not his job what he is saying.
 
wow that's good news
so if i file 140/485 thru lawyer A , after 90 days i layoffed from this company
but still they help me I 140/485
after sometime i got RFE on 140, is it okay at that time also i can change new laywer B

please let me know as i can convince my manager that at that time i'll change lawyer

this is substitution case though, is there any problem? i am asking my manger to use this substitution for me

as my case from NY.applied in sept 2001 in eb2/rir got state DOL query last week only, i dont know how many days it may take to get to regional and then to clear
 
No - do not change to employer B on pending case with EAD. Try to get H1b extended if you can.

You can change your lawyer anytime - but after RFE - it is not suggested as transfer of case may take some time too. So get it done before RFE comes.

Substitution is always unique so I cannot comment on that - experts lawyers can only comment on it. DOL in NY takes a while nowadays.(3-4 months).
 
thanks jharkandhi for your suggestion
i'll try to convince my manager to have me in company for 6 more months so that i can use AC21.
any suggestions please
 
I'm in a simular situation

My Labor Certification cleared on Dec-19-2003 (CSC)
I filed my I140 and 485 concurrent on Jan-28-2004 (CSC)
Recd. my EAD on March-20-2004
Recd. my AP on April - 10-2004
Fingerprint done on - April-19-2004

Currently I'm in 7th year extension.
My current H1 is expires on Sep-22-2004

On June-30 I got layed off from my company
My attorney and HR dept. assure me that they don't withdraw my I140.

Now what are my options ?
Can I use my EAD for next jobs ?
I got three jobs in my hand.
 
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