I140 and employment change

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Registered Users (C)
Hi,

I believe that one can change employment after issuance of I140.Ive concurrently filed for I140/485 and supposing I change employment after 6 months of having filed for the 485/ after having received the I140(whichever comes later), can the employer take any action which could lead to disrupting my 485 process?

Thanks
 
No you are safe as long as you are switching to a similar job which was specified on LC.

Check AC-21 section, you will get lots more information.
 
Even the employer cannot revoke your I485 as long as you intimate to INS using AC21 that your current job is similar to the one as stated in LC.

You take control of I485 and need to answer any query relating to your file all by yourself. So you are SAFE!!!

Want GC Soon :)
 
RFE against pending 140, withdrawn after 180 days, Applied AC21

I received email in my account about RFE issued on June 15. My ND is 7/11/03 and last status update was 6/2 ( It is updated again today with message about additional evidence).
Here are interesting details -
1. I changed earlier employer, who sponsored my GC, in Mid March 2003, almost after 250 days of 140/485 ND.
2. Received notification from attorney that the employer has sent letter of withdrawl on March 17, 2004.
3. Joined new company on March 16, 2004 with similar job responsibilities and salary, but different state (CA this time)
4. Sent AC21 letter explaining that my sponsoring employer has submitted for withdrawl of my 140 and that I have joined new company after 180 days of 485. I also sent letter of support from new employer and my W2 for last 3 years.
5. Based on withdrawl sent almost 4 months back and AC21 letter from my side 1 month back, I was expecting great likelihhod that the case might be denied.
6. Now USCIS has issued RFE for additional evidence on 6/15.

I am no sure what the RFE is about. Would keep you posted. My education evaluation was not submitted with 140 application.
 
Hi GC_GoneCase,
So you mean to say that even though your employer filed for withdrawing your I140, it hasnt been done by INS, thats good to hear.

Lets wait until you get your RFE on hand, but this time I guess your old employer would get the RFE and NOT YOU!!, So howz that you are going to respond to the RFE and most of the time its employer related stuff on I140, so if your employer doesnt have the intention to help you, how do you think that he is going to even respond to the RFE..

P.S: Your ID: GC_GoneCase, you kept this ID after you came to know that your employer is going to withdraw the petition.. Just kidding..

I wish you Good Luck

Want GC Soon :)
 
Want GC Soon said:
Hi GC_GoneCase,
So you mean to say that even though your employer filed for withdrawing your I140, it hasnt been done by INS, thats good to hear.

Lets wait until you get your RFE on hand, but this time I guess your old employer would get the RFE and NOT YOU!!, So howz that you are going to respond to the RFE and most of the time its employer related stuff on I140, so if your employer doesnt have the intention to help you, how do you think that he is going to even respond to the RFE..

P.S: Your ID: GC_GoneCase, you kept this ID after you came to know that your employer is going to withdraw the petition.. Just kidding..

I wish you Good Luck

Want GC Soon :)
Click to expand...


Want GC Soon,

As I sent my AC21 (with pending 140) in second week of May which was received by USCIS on May 11, I am assuming that the RFE was issued keeping in mind the withdrawl ( Mid March ) and AC21 ( Mid May).
I have talked to the attorney and he would send me the copy of the RFE once received.
In my AC21 letter, I have clearly written that the case has been withdrawn by sponsoring employer and also submitted the letter form new employer.

I am hoping the new RFE relates to either my education evaluation, experience letter, salary slips or company financials of new employer.

If RFE is one of above, I think I can manage.

If it still belongs to old employer, I would again send a reply saying that I have changed employer and other related stuff with new employer etc..

Let see what is there in RFE.

Any suggestions by the buddies on this site is more than welcome.

I would keep you posted about the RFE.
 
GC_GoneCase,
How did you find out that USCIS received your AC21 letter on May 11, 2004? Did the last updated date get changed? or you are just telling from the postage receipt?

Please Clarify.
Thanks,
Nanshi.
 
GC_Gonecase,
If the RFE is related to your old company's financial condition, would your employer support that to get your I140 cleared?

Want GC Soon :)
 
naanshi said:
GC_GoneCase,
How did you find out that USCIS received your AC21 letter on May 11, 2004? Did the last updated date get changed? or you are just telling from the postage receipt?

Please Clarify.
Thanks,
Nanshi.
Click to expand...

Nanshi,

I am telling it from post receipt date. The last update was 6/2 and then RFE on 6/15.
 
Want GC Soon said:
GC_Gonecase,
If the RFE is related to your old company's financial condition, would your employer support that to get your I140 cleared?

Want GC Soon :)
Click to expand...

No, the old employer would not support. He has got so many labor issue with state of NJ ( Not paying people on H1 and lost all the cases with state of NJ) and in not on very good books with USCIS.

That is why I changed my job in March as I was sure I am not going to get it thru my old employer.

As I was having 15 months left on H1, I decided to chnage the job and apply for new GC and try to use AC21 with pending 140 for old GC. It is a chance and challange that I took.
 
GC_GoneCase,
Thanks for the reply. Your case is a good example of AC21 case. It is a good news that they did not deny the case, because you(We) changed the job, without I-140 approval. Hope you will get approval without any problem. My guessing is that , your RFE must be something regarding yourself, not for your sponsor or your current company.

Keep us posted.

All the Best,

Nanshi. (EB3) NSC
 
naanshi said:
GC_GoneCase,
Thanks for the reply. Your case is a good example of AC21 case. It is a good news that they did not deny the case, because you(We) changed the job, without I-140 approval. Hope you will get approval without any problem. My guessing is that , your RFE must be something regarding yourself, not for your sponsor or your current company.

Keep us posted.

All the Best,

Nanshi. (EB3) NSC
Click to expand...

Thanks Nanshi,

I also hope that it is not related to old employer. Like you have said, I am happy not to get the denial against 140 withdrawl. May be the counter of AC21 helped.

I surely need good luck to get past this hurdle.
 
GC_(not)GoneCase,

Quick Question. Do you have three years degree or Four years degree???

naanshi.
 
GC_GoneCase,

Did you receive any information about your RFE? Kindly update us.

Thanks,
nanshi
 
naanshi said:
GC_GoneCase,

Did you receive any information about your RFE? Kindly update us.

Thanks,
nanshi
Click to expand...

Not yet. But I would keep you posted.

Currently, I am trying to convince the attorney to provide me the details of RFE once he gets it. I think, he should get it sometime next week.

Thanks
 
naanshi said:
GC_GoneCase,

Did you get any information about your RFE???

naanshi.
Click to expand...

Not yet.
But interestingly, the message has changed that they have received reply to my RFE on 6/22. RFE was issued on 6/15, and reply received on 6/22, that is very quick. Reply received in one week time.
I checked with attorney and employer. They say they have not got the RFE yet.
485 is also updated on 6/23 for me and my wife. My child's 485 is not touched.
I am not sure what is happening.
It is possible that the attorney has replied but not telling me. The guy at my employer place who deals with it is not aware of any RFE and told me he would check with attorney and get back to me.
Something fishy is going on.
 
GC_gone Case,

If you think logically, it is not possible for the attorney to get the RFE letter by regular mail, prepare the response and sent it back within a week.

I guess, You may get your I-485 approval soon.

Did you file new G-28 form? who is your current attorney in the file (old company attorney or new company attoney)? It is possible that USCIS faxed the RFE to your new company attorney's office for some kind of verification and they responded quick may be by Fedex.

naanshi.
 
Last edited by a moderator:
naanshi said:
GC_gone Case,

If you think logically, it is not possible for the attorney to get the RFE letter, prepare the response and sent it back within a week.

I guess, You may get your I-485 approval soon.

naanshi.
Click to expand...
I also think reply in a week is very quick. Still, it is possible, I guess. RFE issued on 6/15, say received by attorney on 6/21 and replied back 6/21 as well. And then USCIS updating the receipt immediatly in the system resulting in email to my account.
All looks impossible at this speed but you never know.
485 is very long shot for me against this 140, I am not optimistic on that. I just do not want to lose it without fighting. That would also give me time for my 7th year extension as well, which I am sending for premium processing coming Monday.
Let see what happens. Thanks.
 
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