HELP!! I-140 just got approved, but I'm not with the employer anymore

V

victorbelo

New Member
I need your help urgent !!
I worked 4 1/2 years for the Employer A with a H1b visa. They applied for my green card thru labor substitution. I paid for the process with part of my pay rate for certain time.

On October/03, I got terminated by Employer A while my I-140 was being processed (which I decided for Consular Process earlier).
On November/03, I got another job with Employer B, which transfered and extended my H1b visa.
On December/03, my I-140 petition with Employer A got approved.
On top of that, I have a long-term job offer from Employer C to start on January/04. I'm confused, and I don't know what can be done.

Which options do I have to pursue the greencard or an EAD using my approved I-140 case ? Please assume that Employer A will cooperate. I'm looking for the best option to deal with my previous employer...
I talked to my attorney and he said that if I applied for AOS, I'd need an employment letter from my previous employer (that would be a fraud), and some people say that if I go to consular process I can get my green card and my H1b denied/revoked.

Also, can I transfer my H1b again to Employer C, even if my transfer application for Employer B is still processing?

HELP!
Thanks.
Victor.
 
If I were you I would file 485 with employer A (if not done already) and after 180 days use AC-21 for employer C.

Provided both are cooperating.
 
Last edited by a moderator:
victorbelo,
If I were you I would take usnycus's advice.
File 485 (if not filed already) thru Empl A and after 6 months use AC21.
If employer A does not cooperate then, there is not much that can be done.
 
You cannot take CP route, unless your sponsoring company is willing to provide you an employment letter. Otherwise the consular officer will deny your GC. The best bet is through I485 and use AC21. Talk to your lawyer to see if you can convert your CP I140 to AOS option.
 
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