I need your help about My case

[martacastro02]

My H1B was approved on Aug/2001 and I started working for company XXX.

My Labor Certification EB3 with Company XXX was approved on Aug/2003 and My I-140 was submitted on Oct/2003.

My H1B expired on July 17/2004 and my last day with Company XXX was July 02/2004.

Company XXX gave me a letter offering me a future job and was included when I-485 and I-765.

I-485 and I-765 were submitted on July 15/2004 (before H1B expiration).

My husband and I received on Aug/04 ours EAD.

My husband is working as a contractor using his EAD and SSN.

My I-140 is still in process..

My I-485 will have 180 days in January 15/04 after submitted.

The situation is:

Company AAA wants to hire me as a employee as System Analyst right now.
Company BBB wants to hire me as a employee as IT Manager right now.

The questions are:

Can I join company AAA or BBB right now and wait after January 15/04 to send My AC-21 letter (I hope my I-140 will be approved at that time)

Can I join company AAA or BBB after January 15/04 and send My AC-21 letter (I hope my I-140 will be approved at that time)

Thanks,

Marta Castro

 

[ac21_help]

i-140 must be approved or risky

i even heard a case where uscis rejected a 485 case after 180 days and 140 was approved because employer withdrew petition.

the yates memo is clear saying this. however uscis may be reversing this
see

www.immigration-law.com

(search under breaking news for yates memo)

i am stuck like you and atleast in my case 140 is approved and case xfer to local. so they can continue to torture me for more time.

if your employer withdraws before that there is risk and there is risk till i-140 is approved. In CA they are processing both at same time. I am sure as it hapened to me. they approved the i-140 and transfered the i-485


i would suggest contacting a lawyer if at all you shoudl take risk. also note the job description must match labor certification or must be similar. these legal terms are just confusing but better to be doing the exact same job as you were doing earlier