I need help.... Will most likely will get laid off

C

CarolVA

Registered Users (C)
I talked to my employer on friday and most likely looks like I will get laid off. So I have a question... my boss said he will be able to help me as much as possible, continuing my process.
But I guess eventually I would have to change my employer.
When can I do that? Without losing my PD?
 
CarolVA said:
I talked to my employer on friday and most likely looks like I will get laid off. So I have a question... my boss said he will be able to help me as much as possible, continuing my process.
But I guess eventually I would have to change my employer.
When can I do that? Without losing my PD?
Click to expand...


You can do that 6 months after receiving your approved I-140. At that point, the PD will belong to you.
 
MD watch: What if I file my I-140 and my priority date is not current yet? Does that have anything to do?
Thanks in advance :)
My employer was very concerned , they said that ANYTHING I need they would do but we build houses and the real estate market just plummeted.
Do you know anything about premium processing?
 
CarolVA said:
MD watch: What if I file my I-140 and my priority date is not current yet? Does that have anything to do?
Thanks in advance :)
My employer was very concerned , they said that ANYTHING I need they would do but we build houses and the real estate market just plummeted.
Do you know anything about premium processing?
Click to expand...

There is no retrogression for the I-140 so as soon as your LC goes through you can apply for it. The retrogression only affects the I-485.

As for premium processing, it is available for EB2 and EB3. I don't know if that will be of any help to you but if at the time you file you need expedited processing, go for it.
 
Yes that would be much better, the faster the i-140 gets approved, the faster I guess everithing will go by (the 6 months start to count after it gets approved so the faster the better)
I dont have any problems getting another sponsor, actually I have a lot of contacts, I just dont want to loose my PD, my LC is very close to be approved so I just have to play my cards very well...
MD WATCH one more time you are a life saver, might God bless you with a fast gc, and after that go to law school and become an immigration lawyer man, you would be millionaire in no time (maybe you can open a law firm with msvinays)
God bless
 
CarolVA said:
Yes that would be much better, the faster the i-140 gets approved, the faster I guess everithing will go by (the 6 months start to count after it gets approved so the faster the better)
I dont have any problems getting another sponsor, actually I have a lot of contacts, I just dont want to loose my PD, my LC is very close to be approved so I just have to play my cards very well...
MD WATCH one more time you are a life saver, might God bless you with a fast gc, and after that go to law school and become an immigration lawyer man, you would be millionaire in no time (maybe you can open a law firm with msvinays)
God bless
Click to expand...


:D Yes I should open an immigration law office but I would make any money ... how can you charge $5K or $8K to file immigration papers .... our lawyers are thieves and they should be put out of business :) maybe with a simpler immigration system like Canada !!!

i hope everything goes well for you. Just hang on tight and you will get there.

If you have other contacts willing to sponsor you, I would recommend that you file a PERM application with one of them. Once the I-140 PD belongs to you, you can keep it but you will have to file a new LC and get another approved I-140. At that point, with the two approved I-140 you can keep the PD of the oldest one.
 
Last edited by a moderator:
So in other words I would have to start over again? With LC?
What if my 2nd sponsor offer me the same position? Do I still have to do LC again?
 
CarolVA said:
So in other words I would have to start over again? With LC?
What if my 2nd sponsor offer me the same position? Do I still have to do LC again?
Click to expand...

Yes you could find the same job in the building next door and you would still have to apply for a new LC if the employer is not the same. The LC is a combination employer/job. We are merely beneficiaries here and we just don't count.

That's why you should get another LC going with PERM with a different company and apply for another I-140. This will also assure you of getting H1B extension.
 
CarolVA said:
What if the company is willing to fill the i-485? Do I still have to get LC again?
Click to expand...

For each company you have to get LC, I-140.

you can only have one I-485 I believe. But the company filing your I-485 needs to have its' own LC and approved I-140. They casn't use one obtained by another company
 
I got it, but the good thing is that I reatin my PD, with perm LC should not take 3 years as right now... Thanks!
 
I found this, do not know what do about it :)
To invoke AC21 you dont have to fill up any form and no form for AC21 is on USCIS site, you need permanent job offer letter from new employer with same/similar job duties and I-485 filing reciept copy+cover letter with your Name, address, A# ,I-485 filing reciept# DOB and request to invoke AC21 with pending I-485 and mail it to the service center where I-485 is pending and keep the copy of each document or evidence that you sent it if you dont know much about AC21 then YOUR lawyer or new company lawyer can help you.no need to talk to past company lawyer.
Thanks.
 
MDwatch said:
For each company you have to get LC, I-140.

you can only have one I-485 I believe. But the company filing your I-485 needs to have its' own LC and approved I-140. They casn't use one obtained by another company
Click to expand...
I think you can MDWATCH is something called AC21, you can switch companies if your i-485 is pending for more than 6 months.
If I find the answer to this will let you guys know
 
CarolVA said:
I got it, but the good thing is that I reatin my PD, with perm LC should not take 3 years as right now... Thanks!
Click to expand...

CarolVA:

Sorry to hear that. Once you join a new company, you have to start the GC process all over again; unless (as pointed out by MDWatch), your I-485 is pending for 6 months or more. Otherwise, in the best case, you can retain the priority date to the new company. Here is what you do - after your labor is cleared from the current company, ask them to file I-140. As soon as I-140 is cleared, you can port the priority date.

My 2 cents.
 
Well the first company will fill as much as they can, I am going to ask them to fill up to i-485. They are more than willing to do so, So let wait in God that I dont have to restart lc with another company. In the worst case, I will retain my PD.
 
CarolVA said:
I found this, do not know what do about it :)
To invoke AC21 you dont have to fill up any form and no form for AC21 is on USCIS site, you need permanent job offer letter from new employer with same/similar job duties and I-485 filing reciept copy+cover letter with your Name, address, A# ,I-485 filing reciept# DOB and request to invoke AC21 with pending I-485 and mail it to the service center where I-485 is pending and keep the copy of each document or evidence that you sent it if you dont know much about AC21 then YOUR lawyer or new company lawyer can help you.no need to talk to past company lawyer.
Thanks.
Click to expand...

That's correct, but you need to have a pending I-485 for 6 months wich means you have to remain employed with the company that filed your I-485 for 6 months.

In your case, it means that your current employer would have to wait for you to have a pending I-485 for 6 months before letting you go. That could take forever with the PD retrogressed as they are. That's why your best bet is to port your PD once you get a new LC from a new company before filing for I-485.
 
So lets say company #1 will file i-140 and i-485 for me. Then if i-485 is pending for 6 months I can switch to company #2 with same job. Is that right?
 
MDwatch said:
That's correct, but you need to have a pending I-485 for 6 months wich means you have to remain employed with the company that filed your I-485 for 6 months.

In your case, it means that your current employer would have to wait for you to have a pending I-485 for 6 months before letting you go. That could take forever with the PD retrogressed as they are. That's why your best bet is to port your PD once you get a new LC from a new company before filing for I-485.
Click to expand...

Ok I got it... Thanks
 
Future Job

One of the things that I did not see get mentioned is..

The employer based green card process is for a FUTURE job. It's good if you are employed by them currently, but the whole process is for a job in the future..

so technically, it does not matter if you are not employed with them currently.. as long as you get employed after I-140 approved.. and before you file for adjustment.. u would need to be employed for 6 months after filing I485 before switching to a similar/like job..

or option 2 is try to stick with them until 6 months after I-140 approved and then switch for Ac21..

correct me if I am wrong.. :-)

i had a close friend who quit his job after the company filed I-140. The company never revoked the I-140 petition. He switched out to H4 status..after approval of the I-140 he filed for 485 and accepted another job. This was before retrogression so maybe things were easier then. He did have a 485 interview, but this issue was never mentioned or spoken about.

-Ronnie.
 
mwalam said:
One of the things that I did not see get mentioned is..

The employer based green card process is for a FUTURE job. It's good if you are employed by them currently, but the whole process is for a job in the future..

so technically, it does not matter if you are not employed with them currently.. as long as you get employed after I-140 approved.. and before you file for adjustment.. u would need to be employed for 6 months after filing I485 before switching to a similar/like job..

or option 2 is try to stick with them until 6 months after I-140 approved and then switch for Ac21..

correct me if I am wrong.. :-)

i had a close friend who quit his job after the company filed I-140. The company never revoked the I-140 petition. He switched out to H4 status..after approval of the I-140 he filed for 485 and accepted another job. This was before retrogression so maybe things were easier then. He did have a 485 interview, but this issue was never mentioned or spoken about.

-Ronnie.
Click to expand...
I have an appointment with my lawyer on monday, in any case, this company is owned by people that are not only my employers but my friends, I know they will go as far as they can tohelp me, but I have plenty of offers from other people willing to sponsor me, I just dont want to loose any time Starting over, If I can avoid it.
My lawyer said something like that, I can switch, even if I am not working for them, but she said it really fast, My husband and I will see her on Monday and I will let you guys know!
 
You must log in or register to reply here.
Top