I-140 and new job

A

aviimmigration

Registered Users (C)
Hello!

Issue is, I got a 3 month contract to hire offer from my client and if i don't accept it, I will be let go and I don't know how long my company will keep me on bench. I have my EAD and AP documents.Details are as follows:

processing center: VSC
I-140 ND 11/14/2003
I-485 ND 01/26/2004

Finger-printing notice not received yet. What are my options. Please... its kin of urgent. Thank you.

Regards,
Avi
 
ur. company may pull the plug..

There are 2 serios problems with ur. approach...

1) Ur. current company may pull the plug i.e. withdraw the 140 to use labor for someone else. Believe me they will be enticed to do so due to so many people out there waiting for approved labor to use as substitute and most of them have projects in hand. If ur. 140 is withdrawn, the EAD, AP will become invalid and everything will fall apart.

2) If you somehow convince ur. company to continue the GC, at this stage u will not be using AC21 to change jobs so it will be considered a future job GC. I have seen some threads where USCIS denied 485 since the person changed jobs without 140 approval and 485 pending for less than 6 months.

Why take such a big chance. Think, discuss and decide.

will_get_there
 
will_get_there said:
There are 2 serios problems with ur. approach...

1) Ur. current company may pull the plug i.e. withdraw the 140 to use labor for someone else. Believe me they will be enticed to do so due to so many people out there waiting for approved labor to use as substitute and most of them have projects in hand. If ur. 140 is withdrawn, the EAD, AP will become invalid and everything will fall apart.

2) If you somehow convince ur. company to continue the GC, at this stage u will not be using AC21 to change jobs so it will be considered a future job GC. I have seen some threads where USCIS denied 485 since the person changed jobs without 140 approval and 485 pending for less than 6 months.

Why take such a big chance. Think, discuss and decide.

will_get_there
Click to expand...

Does this mean that a person whose 140 has been approved and its not been 6mths, can change his employer? 485 is still pending...obviously.
Can employer withdraw /revoke 140?
 
abc94536 said:
Does this mean that a person whose 140 has been approved and its not been 6mths, can change his employer? 485 is still pending...obviously.
Can employer withdraw /revoke 140?
Click to expand...
If 140 is approved - employer cannot revoke it.
 
aviimmigration said:
Hello!

Issue is, I got a 3 month contract to hire offer from my client and if i don't accept it, I will be let go and I don't know how long my company will keep me on bench. I have my EAD and AP documents.Details are as follows:

processing center: VSC
I-140 ND 11/14/2003
I-485 ND 01/26/2004

Finger-printing notice not received yet. What are my options. Please... its kin of urgent. Thank you.

Regards,
Avi
Click to expand...
I think you may get your 140 approval in 3 months. So you may be able to change job and use AC-21. My advice to you is to try to keep your offer open until the last day of the 3 months (you may get your approval anytime now) and also look for another project in the mean time.
 
abc94536 said:
Pls refer to Question# 9 in the link below -

http://immigration.about.com/library/weekly/aa090903b.htm
Click to expand...

In the above link the answerer has not mentioned 'approved labour' . How can it be? Am I missing something here?

Employer can 'revoke' approved 140 or can 'withdraw' pending 140 anytime.

aviimmigration:

BCIS will tocuh Nov time anytime. My bet is this or next week. If I were you I would go to India to play safe with both employer and client.

"If you can't ignore it, avoid it"
 
Already took vacation.

I came back from vacation a few weeks ago.... so can't afford to back on one now. For now the issue seems to have subsided. The client will terminate my contract on the 2nd of july and conveyed to me that if the position is still open by the time my 140 is approved they will take me on board as a permanent employee. My employer feels that the market is good enough to find another client for me. So for now seems that I don't have to hit the panic buttons. Thank you GCJaisaKoiNahi, abc94536, dazzling, will_get_there for your tips. Hope we see more november approvals soon.

-Avi
 
aviimmigration said:
Hello!

Issue is, I got a 3 month contract to hire offer from my client and if i don't accept it, I will be let go and I don't know how long my company will keep me on bench. I have my EAD and AP documents.Details are as follows:

processing center: VSC
I-140 ND 11/14/2003
I-485 ND 01/26/2004

Finger-printing notice not received yet. What are my options. Please... its kin of urgent. Thank you.

Regards,
Avi
Click to expand...

dude your date is up, I have seen lot approvals in Nov 2003 today, if you are not unlucky enough you should be getting your approval in couple of weeks, you will be all set.. dont worry be happy.. :)
 
I140 Approved!! ND 11/14/2003

All,

Sorry for the delay. My AD is 07/22/04. ...... BIG relief. Now the tricky part. I want to quit my employer but he will not cooperate.

1. I don't know what the job title/description on the labor cert is.
2. My company told me that my I140 is approved, but they won't give any other details like EAC number, copy of I140 Approvel notice etc.
3. I have completed 180 days on 485, so what should I do to join another company.

Thank you all for your valuable suggestions and support. Wish you all the best with your GC process.

regards,
Avi
 
Jharkhandi said:
If 140 is approved - employer cannot revoke it.
Click to expand...


Can you or someone else please explain above statement ?

Are you saying after I140 gets approved and i485 is mending for 180 days you cahange the job, your prev employer cant revoke I140 ? or revoking I140 would not jeoperdize your GC ?

thanks
 
truenblue said:
Can you or someone else please explain above statement ?

Are you saying after I140 gets approved and i485 is mending for 180 days you cahange the job, your prev employer cant revoke I140 ? or revoking I140 would not jeoperdize your GC ?

thanks
Click to expand...
If 140 is approved and it is already 180 days for 485 - then 140 cannot be revoked.
 
Jharkhandi said:
If 140 is approved and it is already 180 days for 485 - then 140 cannot be revoked.
Click to expand...

Jharkhandi, thanks for your quick reply, I appreciate.
Is there any USCIS doc or memo available for reference ?

I have been waiting for my pending I140 to be approved (140/485 RD May 2003) and I just want to quit my current employer who filed it, and if employer cannot revoke I140 then my GC will not be in jeopardy.
 
truenblue, when they said revoke, they are saying 'approved' I140. In your case, the employer can withdraw easliy. it's still a gray area if AC21 applies to pening I140 and I485 for more than 180 days.
 
I always have this question regarding "future GC" and would like to know if anyone has an answer.

GC is clearly for future employment so it's possible for a candidate to receive his/her GC without ever working for the sponsoring company before. However, the company has to intend to hire the candidate indifinately at the time the I485 is being approved.

If my above theory is correct, my questions are:
1) what about I140 RFEs asking for paystubs or W-2? Obviously the candidate has not started working yet thus no paystubs nor W2s.
2) what about I140 RFE asking for EVL? can the employer issue a letter of "intend to hire"?
3) will this case more likely be sent to local interview before I485 approval? Will this candidate pass the interview without having W2, paystubs, but only an intention letter from the sponsoring company.
 
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