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I-140 pending...company closing
- Thread starter fittan
- Start date
If I-140 gets approved then you are eligible for AC21. Find new employer file H1 transfer and join him (keep valid EAD if the new employer is not ready to file H1 Transfer you can use EAD)Hi,
I am really stressed out, please help.
My company may close down in 2 months. It will not even file bankruptcy...just close door for good.
My concurrent I-140/I-485 has crossed the 180 days mark. What should/can I do now? Please advise...
Fittan
*** Problem is only if I-140 is pending and USCIS sends any RFE related to I-140 and Employer who filed I-140 dont respond
Thanks Ginnu,
My I-140 is still pending. I am keenly aware that one should not invoke AC21 before I-140 is approved. But if the company closes for good, I would have no choice.
After porting, I guess it all comes down to my luck. If there's no RFE, and my I-140 is eventually approved, I will be OK. But if there's a RFE then I am screwed.
By the way, when looking for a new job, what should I say to potential employer? Assuming that I use my EAD, should I tell them that they need to "sponsor" my greencard. I definitely do not want to overwhelm they with AC21. Please advise. Thanks.
Fittan
My I-140 is still pending. I am keenly aware that one should not invoke AC21 before I-140 is approved. But if the company closes for good, I would have no choice.
After porting, I guess it all comes down to my luck. If there's no RFE, and my I-140 is eventually approved, I will be OK. But if there's a RFE then I am screwed.
By the way, when looking for a new job, what should I say to potential employer? Assuming that I use my EAD, should I tell them that they need to "sponsor" my greencard. I definitely do not want to overwhelm they with AC21. Please advise. Thanks.
Fittan
Thanks Ginnu,
My I-140 is still pending. I am keenly aware that one should not invoke AC21 before I-140 is approved. But if the company closes for good, I would have no choice.
After porting, I guess it all comes down to my luck. If there's no RFE, and my I-140 is eventually approved, I will be OK. But if there's a RFE then I am screwed.
By the way, when looking for a new job, what should I say to potential employer? Assuming that I use my EAD, should I tell them that they need to "sponsor" my greencard. I definitely do not want to overwhelm they with AC21. Please advise. Thanks.
Fittan
Just do not send any AC-21 documentation until your I-140 gets some decision.
Use the H1 to get new job
Thanks Ginnu,
My I-140 is still pending. I am keenly aware that one should not invoke AC21 before I-140 is approved. But if the company closes for good, I would have no choice.
After porting, I guess it all comes down to my luck.
If there's no RFE, and my I-140 is eventually approved, I will be OK.
--------------------correct
But if there's a RFE then I am screwed.
By the way, when looking for a new job, what should I say to potential employer?
-----dont inform you have EAD in hand, ask them if they will file H1 Transfer, if they say YES then join once you get H1 Transfer filing reciept. also ask them if they will give you Permanent job offer letter with same/similar job duties to invoke AC21 (that you want to do after I-140 gets approved)
Assuming that I use my EAD, should I tell them that they need to "sponsor" my greencard. I definitely do not want to overwhelm they with AC21. Please advise. Thanks.
---------------------------Dont use EAD join by H1 transfer. just inform them that you will need letter of Permanent job in future so that I-485 gets approved on the Permanent job offer of new employer Job offer. FYI the Job offer letter for Permanent job will be for Future job that will be after I-485 approval
Fittan
------------------------
Ginnu...thanks for your suggestion on using H1B. Will definitely take that route before using EAD.
You also mentioned "...just inform them that you will need letter of Permanent job in future so that I-485 gets approved on the Permanent job offer of new employer Job offer".
I am sure the new employer will then asked "Why do you need such a letter?" in which I have to explain that I have an pending greencard application with my old company and that I will be using AC21 to port my I-140 to the new company. At this point, the new employer may be hesitant to employ me.
Sorry if I am making this more confusing that it really is. I know I cannot NOT tell the new employer anything but explaining "greencard 101" puts the job application in an inferior position. Please advise.
Fittan
You also mentioned "...just inform them that you will need letter of Permanent job in future so that I-485 gets approved on the Permanent job offer of new employer Job offer".
I am sure the new employer will then asked "Why do you need such a letter?" in which I have to explain that I have an pending greencard application with my old company and that I will be using AC21 to port my I-140 to the new company. At this point, the new employer may be hesitant to employ me.
Sorry if I am making this more confusing that it really is. I know I cannot NOT tell the new employer anything but explaining "greencard 101" puts the job application in an inferior position. Please advise.
Fittan
Jackolantern
Registered Users (C)
If you have those concerns, bring up those details after you start working. While job hunting, you don't have to say anything more than you are a legal resident with authorization to work. Don't even bother to confuse them with terms like "AC21" and "I-140". Once you start working, perhaps when you're filling out the I-9, just explain that in order to continue your green card processing and ensure your continued employment, you need a letter describing your job duties and salary to send to Immigration.Ginnu...thanks for your suggestion on using H1B. Will definitely take that route before using EAD.
You also mentioned "...just inform them that you will need letter of Permanent job in future so that I-485 gets approved on the Permanent job offer of new employer Job offer".
I am sure the new employer will then asked "Why do you need such a letter?" in which I have to explain that I have an pending greencard application with my old company and that I will be using AC21 to port my I-140 to the new company. At this point, the new employer may be hesitant to employ me.
However, if you have those concerns and don't want to get into the details of your status before hiring, you won't get them to file an H1 for you. Most employers don't file H1 for anybody, so making H1 filing a condition will reduce your chances of finding new employment ... any you need a new job FAST before USCIS questions your employment status (which they might do if/when they find out about the company being closed). While it is preferable to have both H1 and EAD, in your case I would maximize my job search by forgetting about the H1.
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