I-140 Portability Under 106(c)...Hard to Believe it’s True...

[lohith]

Can we ask new employer to takeup the RFE and respond to it by AC21 if orig. employer ignores it?

 

[chongyip]

What happen if my sponsoring company is closing? There is no choice but to switch job. Also, I already got RFE on ability to pay and they replied it long time ago. In this case, is it ok to switch job before I140 got approved?

 

[wishmaster]

Can we ask new employer to takeup the RFE and respond to it by AC21 if orig. employer ignores it?

I am also wondering to see if the RFE can be resent over to the beneficiary or the new employer to respond instead of the old employer?

BTW, I filed my AC21 already...and today CIS sent out an RFE on my case....would that RFE be sent directly to my employer or to the attorney only? Is there any other way to know the details of the RFE instead of asking the attorney?

If anyone of you guys has some templates for RFE responses, please pass them along, thanks a lot...

 

[Jaguar2004]

AC21 before I-140 approval

Please check this thread

http://boards.immigrationportal.com/showthread.php?t=142315

Anyone successfully changed job without 140 approval?

 

[chongyip]

Thank you Jaguar2004, that case is very encouraging.

 

[toy3kin192]

I received an RFE on my I-140, the main goal of this RFE is to make sure I have been with my company for the last few years, and that I am still there.
Would they care so much about that if they were going to let people change company before I-140 approval? Not sure. I don't want to be too pessimistic, but I would suggest everyone to wait for I-140 Approval before switching to another place.

 

[lohith]

toy3kin192,
your suggestion is quite safe. Nobody wants to use AC21 if I-140 cases are going OK with current employer.

Most of the folks seriously trying with AC21 are troubled with multiple I-140 RFEs and worried that again I-140 will be rejected by USCIS as their current employers are not doing well and may not defend 'Ability to Pay' issues.

Basically, people want to use ACT21 as a last resort rather than seeing their entire GC effort going wasted.

 

[lisansw]

I agree with Lohith. Really most of time people has no other choice other than to change job. I believe that during the GC process everybody would like to stick with the sponsor company if they could.