I-485 <180 days, put on leave of absence. Please Help!

When you said they wont ask w2 from past employer, are you refering to the original sponsor who filed 140 ?

**If they ask W2 they will ask from the company you are working for at the time of final interview, normaly they do not ask for W2 they will be OK with current pay stubs from the company you will be working for at the time of approval of your I-1485, you are going to use AC21 it means only Paystubs will work, INS is only intresed that you are working and will not be a public charge after GC, do not have worry about W2.
The new employer is ready to pay a month after the EAD that will make it about 3 months from my 485 RD.
*** NO PRoblem

I see two options. Either I can take a two month vacation to India or join the new company at that time
*Better join the new company on EAD and fill up form I-9 with new employer



When I join the new company and ins does RFE and asks for w2 of last year

*They may not ask for W2, they will need letter from new company that you are working with them and you will have permanent job after GC with them.
(where I cant show 2-3 months of sponsor pay as i joined new company)

* They are not going to approve I-485 in 2-3 months and even if they do your current Pay stubs from New Employer will work.

what is the best alternative ? Paychecks wont be a problems since the new company is more of a solution provide not a consultant provider.
When and how long should I plan to go to my home country ?


*Why you want to go to home country? if you have job with new company you should join immidiatly.
If you leave with out joining the new company and you are out of US suppose any quary comes and your old company or old layer does not send any info, what you will do? and at the time of entering US you may be asked your current employement letter and old company is not paying you, even if you want to go home better work with new company for 2-3 months have 1-2 paystubs and employement letter your EAD and AP if you leave.
 
Thanks

Thanks avtaar, you have been very helpful. SHould I also plan on changing my lawyer or shall I keep him. SInce I paid him for the 485 etc, I think he should be able to support me. At the same time, he is affiliated to my sponsor whom I may be leaving in a month.
 
Thanks avtaar, you have been very helpful. SHould I also plan on changing my lawyer or shall I keep him. SInce I paid him for the 485 etc, I think he should be able to support me. At the same time, he is affiliated to my sponsor whom I may be leaving in a month.

**
better You Should have your Attorney. If you think the old Company lawyer will act in your Intrest then it is fine, Better talk to him. You will come to know how he responds to you, first ask the copy of I-140, approved LC, I-485 filing reciept, EAC and AP reciepts, you will see what he says . Then you have your choice, If I would have been in your Position I will not take the service of Company Lawyer becase normaly they get many cases from Company and they work for the company and not for the Individual. You have to meet the lawyer and decide for yourself.
 
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You can change your INTENT after filing your I-485 any day

AC21 only says your I-1485 should be Pending with INS more than 180 days,
It does NOT say that you should be working with your Employer who sponserd your I-40 or I-485 for 180 days.

I read many posting asking what will happen if I leave employer before 180 days after filing I-1485

The current AC21 clearly says that to take the benifit of AC21 you should have to meet only 2 conditions

1 Your I-485 should be pending more than 180 days with INS
2. you should have Similar Job

I dont know where it is written that one should work for 180 days with sponser employer in AC21 or AC21 INS June Memo, GC is for the Future job.
 
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Thanks for the reply.

However and again, I am talking about the intent of the FUTURE EMPLOYER and not the EMPLOYEE. What if the future EMPLOYER sends in writing, before the 180 point, to the INS that the future job is not available ? What does one do during the 485 interview?

And typically, how long does, say the VSC, take to act on such revocation letter ? Does it die on the shelf till the adjudication date ? Or is there a different channel which processes such requests ? One attorney told me that they act within 2 weeks, which I find difficult to believe.
 
However and again, I am talking about the intent of the FUTURE EMPLOYER and not the EMPLOYEE.
** When Employer files your LC he shows the Intent, when he filed I-140 he showed the Intent to hire you as Parmanent Employee if GC is granteed

What if the future EMPLOYER sends in writing, before the 180 point, to the INS that the future job is not available ?
*** If Employer sends Letter to INS before 180 days or after 180 days they can NOT cancell the I-485 and INS is not going to Cancel I-1485, it is Filed by you not by Employer

What does one do during the 485 interview?
You should provide a new Letter of Employement from new employer and you should be working in Similar job

And typically, how long does, say the VSC, take to act on such revocation letter ?
Does it die on the shelf till the adjudication date ?
** Revocation letter for I-140, dies on the shelf most of the time, even if they care to see the latter it will be 6-10 months

Or is there a different channel which processes such requests ?

* NO
One attorney told me that they act within 2 weeks, which I find difficult to believe.

your are free to belive in your attorney? he needs to read more about immigration.

" I am not your Lawyer and it is not a legal advise, read at your own risk"
 
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If your I-140 is Cancelled before 180 days after filling I-485, your I-485 will be denied becase I-485 is based only on approved I-140.
If you have more concerns Please hire a good Lawyer.
 
Nice thread Avtaar...

So, Avtaar, You meant to say that..
If we change the job before 180 days,
if the employer sends the notice to INS to cancel approved i-140, it will be a problem.
if the employer wont care to send the letter of i-140 cancellation to INS, then, it shud be fine.

If we change job after 180 days, it shud be fine.
Please clarify..
My company let go 5% employees yesterday.
I filed concurrently last month and got my FP end of this month. My i-140 and 485 RD is on 9-13-2002 and CSC is currently processing 8/29/2002 for 140.
So, if my 140 gets cleared, then I will be free of some tensions atleast based on my above statement.
Thx,:confused:
 
So, Avtaar, You meant to say that..
If we change the job before 180 days,
*One can change the job even after one day once your I-485 has been filed or you have reciept of Filing

if the employer sends the notice to INS to cancel approved i-140, it will be a problem.

** Yes it will be a Problem if INS Cancel the I-140 but normaly they do not care about these kind of request letters, these kind of letters to cancel I-140 mostly die on the shelf , Even if they care it will take 5-6 months to cancel it, that is what I know from my reading and Exp posted by Lawyers.

if the employer wont care to send the letter of i-140 cancellation to INS, then, it shud be fine.

** YES
If we change job after 180 days, it shud be fine.
You can change job any time after filling your I-485
Your new job should be Same or similar
Please clarify..
My company let go 5% employees yesterday.
I filed concurrently last month and got my FP end of this month. My i-140 and 485 RD is on 9-13-2002 and CSC is currently processing 8/29/2002 for 140.
So, if my 140 gets cleared, then I will be free of some tensions
**YES.
atleast based on my above statement.
 
Thx Avtaar

Some clarifications....
If we change jobs(Same or Similar) before 180 days, and EAD is not approved by that time, Then we have to find a job who can process my H-1B. Is that right?
or I can stay for 2-3 months until I get my EAD and join similar job?
I assume that Staying without job when AOS is legal even if I dont have EAD and can join similar job after I get EAD to avoid the H1 transfer hassles.
 
king - Yes

Yes U can use H1 to cahnge employer.
You can also wait for EAD approval and then change jobs.
 
thx jaxen and avtaar

One last question abt the worst case scenario.
Suppose that I file for concurrent filing and waiting on 140/485, And if I loose job, will I still be in status because of AOS?
What are the other options for me?
Wait for 140/EAD stuff or find a company who can sponser H1(as bad as loosing the whole process).
Thx for your comments guys..
 
What and When does INS act ...

AVTAAR et all,

By reading through the thread I am a bit confused. The following I got from the Murthy chat archive.

Chat User : In your experience, how much time does VSC take to act on a Letter of Revocation of I-140 from a future employer?

Attorney Murthy : Usually about 3 months, on average, give or take a few weeks.

Chat User : In your experience, how much time does VSC take to act on a Letter of Revocation of I-140 from a future employer? Attorney Murthy : Usually about 3 months, on average, give or take a few weeks. Chat User Attorney Murthy
 
Do not get confused it is INS and can revoke the I-140 as Sheela Murthy says, I have read that Chat and in one question she also says that once Employer wanted to revoke I-140 after Pending of I-1485 more than 180 days she was able to get Approval and used AC21

Avtaar, Jaxen and others are not working for INS so they post what trend they have been reading in the past. You have to find your own soulutions and you know your past Employer better if he/she will try to revoke your I-140, if that is the case then do not take the risk or waist money for filling I-485.
I have also read that recently INS informed AILA that now INS HQ needs that new employer should pay the same wages on LC that is the base of I-140 and I-485 using for AC21, but in last INS MEMO it was not the requirement. Are you going to Catch Jaxen or Avtaar or others? this is a free service and read at your own risk, better you should hire your lawyer and discuss your concerns with him/her.
The thred is for sharing info, it can be correct it may be wrong and INS can change any law any time
If you need correct and update info better ask your lawyer, dont get confused
 
No one is trying to catch anyone ...

No one is trying to catch anyone in this chat room. Every one knows this is a free service. I was just sharing info obtained from else where and this should help every one. We all know we have to consult an attorney before we act - no one should be stupid to act solely based on info obtained from this chat room.

If you are talking about trend - then WHAT is the trend ? That is the purpose of analysing multiple responses. If multiple trends for the same variable are observed - then something is wrong with the data or the analysis [confusion ?? ]. We are just trying to help one another.

Hope this helps your understanding of my posting.

Enjoy !!
 
Avtaar, which service center is your friend's case got approved?

Hi Avtaar,

Thanks for your posting. My case is very similar to your friend's case. You shed the light to my case and I just wonder which center your friend case got approved? I saw Vermont center approved these kind of cases, but didn't see any postings on these kind of cases in Nebraska center. Thanks so much in advance for your reply.


G
 
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