I 140 - September 2000

S

statusquery

Registered Users (C)
Hi Gurus / Members

I have an approved I 140 dated Sep 2000 (really september 2000), I changed my job just before its approved (bad luck).

After that I approached some stupid lawyers they said I cannot use my I 140 in any case.

Now I'm reaching my 6 year term in Dec 2003 I recently went to a very good lawyer who says I cal file I 485 provided I get employment verification letter for future employment, so I talked to my ex company who has my I 140 and they agreed to give employment verifciation letter.

So I applied my I 485 with that on Dec 12th. My LC is from CSC and the approved I 140 from the same LC is from TSC, because my ex company head quarters is in Texas.

As I applied my I 485 as per my lawyer suggestion to file at CSC, because my LC is at CSC, my question is.

1. do you guys foresee any problem in that CSC accepting TSC I 140.

2. do you guys expect any issues due to I 140 of Sep 2000, although my ex company has not cancelled my I 140 and not going to cancel it due to good relation with me.

3. If everything goes smooth (i hope), I'm planning to use AC21 after 180 days and join some good company because my ex company cannot hire me due to known economy, so that my ex company does not have anything to do with the process is it good.


Your inputs are greatly appreciated.

Thanx
 
Sure. AC21 MAY not apply to your situation. CSC seems to feel that the person must actually work for the sponsoring employer for more than 180 days post filing the I-485 for the person to use AC21 I-485 portability. The matter is very up in the air since there are no implementing regulations for AC21. CSC however is the worst place that you could possibly be.

So your old company sent a letter indicating that they will rehire you when the GC is approved , when they actually did not have any intention (or the ability)to do so, an you sent out an I-485 based on an I-140 from a company that you have no intention of ever joining. Yes, I see several possible problems.

Didn't your "very good lawyer" tell you that?
 
Last edited by a moderator:
Hi Jim

Thanx for your response

The company who gave the letter (very big company fortune 100), they have the intention to hire me once I get the I 485 approval, but they also mentioned to me if the economy is gone too bad , there might be a chance that they may not hire me immediately after approval.

Regarding AC21, I do have to find out on that, because some says I 485 is for the future employment may not necessarily for the current, is my understanding is wrong ?

So what is the possible solutions for me, any suggestions would be very helpful.

Thanx
 
Some say all kinds of things. What the implementing regulations say is what is important and they have not been published yet. Until they are it's not possible to say what the scope of AC21 will be. Certainly, resigning from a company, not working for them and not submitting an I-485 for 2 years could raise serious questions of intent. I can't say whether INS will make an issue of intent. Sometime INS makes issues of things that it has no right making an issue over and other times they seem to ignore areas where they could rightfully say there is a problem.
 
You must log in or register to reply here.
Top