H1B to AOS issues

[Rich00]

Hi Everyone.

I'm concerned about the advise I'm getting from my attorney and would appreciate your help to shed some light on the current situation, and next steps to take.

I have been working under H1B since 2001, renewed last November in Washignton. I filed C9 on Jan 2003, and got the I-140 already approved along with first and second EAD/AP, and was finger printed on Dec 2003. The company I work with was acquired in Dec 2003, and we were told the new company would keep the old name. I was advised i could keep traveling using the H1B since the new company was "successor in Interests". So I kept using it because it was easier to get through immigration with it than the AP (which I got on Feb 2004). I traveled after getting the AP, but never used, since I was told would be better to keep the H1B current, just in case something would go wrong with the AOS.
Recently they changed their mind, and now we would be completeley merged under the new company name. The attorney told me no to use the H1B any longer, but did not offer any clue on how to proceed now. They just told me not to use it and all would be fine.
I was told I'm safe since I'm in AOS, since my I-140 was already approved, but don't know how should I proceed to notify the USCIS and the new company that I want to switch to AOS.
Finally a couple weeks ago the USCIS sent a RFE asking for a current employment letter. There is no problem in getting it, and would be under the new company.
Questions are:
1.- What should I do with my I-94? Should I go to the nearest USCIS office and ask for update it to AOS? Just do as told, wait until the next trip and use the AP?
2.- How do I notify the USCIS about the change to AOS? Would it be enough to notify the company?
3.- Aside from the issue getting accross immigration, whould I be losing something significant by leaving the H1B visa and switching to AOS?

Apologize for asking so many questions, but have the feeling I'm not getting the whole story from my attorney, and they already screwed one of my co-workers H1B application so badly that he went out of status and had to leave. Hope you can understand my concern.

Rich00

 

[ginnu]

Hi Everyone.

I'm concerned about the advise I'm getting from my attorney and would appreciate your help to shed some light on the current situation, and next steps to take.

I have been working under H1B since 2001, renewed last November in Washignton. I filed C9 on Jan 2003, and got the I-140 already approved along with first and second EAD/AP, and was finger printed on Dec 2003. The company I work with was acquired in Dec 2003, and we were told the new company would keep the old name. I was advised i could keep traveling using the H1B since the new company was "successor in Interests". So I kept using it because it was easier to get through immigration with it than the AP (which I got on Feb 2004). I traveled after getting the AP, but never used, since I was told would be better to keep the H1B current, just in case something would go wrong with the AOS.
Recently they changed their mind, and now we would be completeley merged under the new company name. The attorney told me no to use the H1B any longer, but did not offer any clue on how to proceed now. They just told me not to use it and all would be fine.
I was told I'm safe since I'm in AOS, since my I-140 was already approved, but don't know how should I proceed to notify the USCIS and the new company that I want to switch to AOS.

----- if you have filed I-485 you are in AOS or I-485 pending status, no need to inform USCIS
Finally a couple weeks ago the USCIS sent a RFE asking for a current employment letter. There is no problem in getting it, and would be under the new company.

----- if your I-140 is approved and I-485 is pending more than 180 days send the new employer letter and use AC21
Questions are:
1.- What should I do with my I-94? Should I go to the nearest USCIS office and ask for update it to AOS? Just do as told, wait until the next trip and use the AP?
------ no need of I-94 update or going to USCIS, you are keep valid AP in hand before you go out of US and use AP to renter US
2.- How do I notify the USCIS about the change to AOS? Would it be enough to notify the company?
---no need if I-485 is filed then you are in AOS stuatus
3.- Aside from the issue getting accross immigration, whould I be losing something significant by leaving the H1B visa and switching to AOS?
------- you will need valid EAD for work and always renew your EAD 6 months adsvance so that you have valid EAD for work
Apologize for asking so many questions, but have the feeling I'm not getting the whole story from my attorney, and they already screwed one of my co-workers H1B application so badly that he went out of status and had to leave. Hope you can understand my concern.

Rich00

 

[Rich00]

Thank you Ginnu

Appreciate the answer, makes me feel better.

Wiil ask (again) to the attorney about filing AC21. I already did, because it looked like the obvious rute to go, but either they are dragging their feet, or don't want to do it. Didn't answer anything about AC21.

Rich00

 

[Rich00]

Ginnu, a couple questions

I was talking to the HR manager of the new company, and he explained me that we were terminated and hired by the new company.
At the time I filed a I-9 form with the available information at the time, including A#, EAD and I-140 approval.

Questions:
1.- Does it matter that following the attorney's advise I used a couple times the H1B to enter US?

The HR manager said the original sponsor still exists, it's just that I don't work for it any longer.
2.- Would this issue affect the AOS application?

I'm starting to believe the officer is as confused as I am, and that's why he issued the RFE.

Sorry, a last question: The RFE is for a current employment letter. The new company is about 130 employees. Is the HR manager's signature enough for it, or should I ask for the CEO signature?

Thanks,
Rich

 

[ginnu]

I was talking to the HR manager of the new company,
---HR manager is not Lawyer
and he explained me that we were terminated and hired by the new company.
----- what do you mean by Hired by new company? did they file H1 transfer with new company name for you?? or you were on EAD when joined new company, if you were/ are on EAD then better update USCIS becase your comany name that you want to work AFTER I-485 approval is diffrent than the company who filed I-140
At the time I filed a I-9 form with the available information at the time, including A#, EAD and I-140 approval.

Questions:
1.- Does it matter that following the attorney's advise I used a couple times the H1B to enter US?
----- that is OK if you were on H1 status at that time
The HR manager said the original sponsor still exists, it's just that I don't work for it any longer.
------ it is not clear, how does the original sponsor still exists???? Ask him if H1was for A and you are not with A then you are not on H1
2.- Would this issue affect the AOS application?
-------- you need to discuss your issues with good lawyer
I'm starting to believe the officer is as confused as I am, and that's why he issued the RFE.
----- you are correct

Sorry, a last question: The RFE is for a current employment letter. The new company is about 130 employees. Is the HR manager's signature enough for it, or should I ask for the CEO signature?
-------- send current employment letter with same job duties as on approved past LC+ your intent change letter+ I-485 filing reciept
I will get the signature of CEO or from the person who sign I-140 or LC applications, H1 petitions for company
Thanks,
Rich

 

[Rich00]

Thanks again Ginnu

Regarding your question:
------ it is not clear, how does the original sponsor still exists???? Ask him if H1was for A and you are not with A then you are not on H1

That seems to be the issue. We were laid off from Company A and hired by Company B in December. I understood that Company A assets were acquired by Company B, and Company A would not exist any longer. I was shock when learned (from the HR manager) that Company A was still alive and operating. It might be just a paper shuffle, because all employers that were not hired by Company B, were laid off. There are not any more workers on Company A that we are aware of.
After I got the RFE, grew concerned, because after December I had to travel abroad twice and got back using the H1B visa (following the attorney's advise that Company B was successor in interest fo Company A). At the time I had a valid AP, but don't know if it means any kind of protection in case it was wrong to use the H1B.

You're right, it's time to look for a good attorney. I'm just afraid I might got out of status when used the H1B in the name of a company I did not work for any longer. I just want to feel confident I'm still legal, before getting another attorney into the problem.

Rich