Gurus please help with few questions.

S

sipak

Registered Users (C)
Scenario: My i485 - EB3 is pending with RD 01/28/02, ND 02/25/02, FP 05/22/02 and I recently switched to EAD with my current employer B (my GC was started with employer A and I switched to employer B < 180 days on transferred H1 initially). My employer A was going out of business and fired complete development team(though I was not given any written lay off notification).

I had to switch to EAD as I once used EAD card and also traveled on AP.


Q. Just in case, if i485 is denied Can I switch back to approved H1 from employer B which is still valid till the end of 2004? Or
Q. Would my employer B have to apply for brand new H1(not H1 transfer)?
Q. Should I ask my employer A to give me written lay off notice? Will that help my case based on the current AC21 interpretation?



Scenario: As my case is AC21 with address change(moved from VSC serviced (NJ) area to TSC serviced area (FL)), I am expecting atleast RFE and/or transfer to local office.

Q. In case of local transfer, would it be to NJ local office or FL local office?

Q. I am also thinking to hire a good lawyer. Should I wait for RFE/Transfer to change the lawyer or I should change it right now? What is the process of changing lawyer?

Q. Can you suggest some good lawyer who you think will best handle my situation.

I would appreciate if gurus can answer question separately.
 
A1 Yes, you can. Better modify the w-9 to reflect the H1B transfer now.
A2. No need to apply for new H1 transfer
A3. Yes you need a termination letter, without which you dont have evidence that you were fired. Use a lawyer.

A1. most likely FL
A2. You can wait till RFE. But you need to be prepared with other docs (termination letter, new employment offer, Job similarity document etc.) since including lawyer response time you would not have enough time to respond to RFE. You can have a contract specific to RFE or local interview with some lawyers, Shop around now,
 
Followup question.

Thanks Jaxen for your expert advice.

Q. Does it still make sense to obtain lay-off letter when company A in question filed for chapter 11 after few weeks?

Q. Any recomendation about good lawyer in Miami/Florida area? What is wait time for an interview to be scheduled in Miami?

Q. Is this possible by any chance that I do get a transfer to Newark, NJ instead of Miami, FL? As I heard that Miami is too slow, is there thing I can do to get my case transfered to NJ rather than FL? e.g. maintaining an address there and changing address for i485 application, etc. Other ideas?

Thanks once again.
 
1. No. it is a different scenario though. the new employer employer's letter is more important

3. Yes possible. There is no sure way to get the file transferred, unless explicitly requested.
 
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