I140 not approved and finished project ...

N

nipang

Registered Users (C)
Hello all,
My current employer filed for MY GC in Sep 2002 with substituted LC. They applied for concurrent I140 and I485.
RD date for I140 is Sep 9 2002. Till now I140 is not approved . I finished my current proj on 25th June 2002. Company has 0 bench policy.I am worried what happens if they give me termonation. Technically As 360 days is the period for I140 approval. For me still I need to be with company for another 2 1/2 month, Till I140 is clear ( Considering I will not have any REF ). I have got my EAD, AP and FP.

Can anyone please tell me how do I deal with my company ?, So they will keep me on payroll till the time I receive my I140 approval

Thanks,
Nipa G.
 
In my question there is a mistake in project end dates, It is 25 June 2003 not 25 June 2002.
 
Fastest Service Center

Hello Guys,

Is Vermont the fastest of all the 4 Service Center . If my company gives me the option of filing from anyone of these SC , which one should I choose?? .. Any help you be very much appreciated .

Thanks,
Rotny
 
nipang-options

I think these are your optiona nipang-

1) best case- you are with the company when 140 gets approved.

2) if you get terminated and don't get an RFE on 140 you are good too.

3) if you get a RFE on 140 but you are no longer with the company-try to get a committment from the company that they will atleast answer the RFE (basically a favor for you..)

try to see other options with your employer like rather than getting the remainder of your pay check on 1-2 checks spread the payments for 3-4 months which will keep you on the payroll of the company.

LOA-leave of absence is another option that you may have if you company allows so technically you will still be employed with the company.

trust god and BCIS and try your best.

best of luck
lakhs
 
Restart your I-140 process

Nipa,
You need to restart your I-140 if terminated as that petition is employer specific.
 
question about i 140

So what if 6 months have past applying for 1 40 but not yet approved can we still leave the company or not?
 
Using AC-21 with pending 140 is not a safe option..

It doesn't matter whether your 140 is pending for 6 months or 13 months --- all the attorneys recommend to use AC-21 only if the 140 is approved.... There is a risk involved in switching employers while your 140 is pending - in case of RFE the old employer should respond to it promptly and should mention that you are his/her employee.... They won't give a false statement like that.. Even if they agree first and later withdraw your petitions.... You are out of status,if you are working on EAD!!! If you switch jobs after 140 approval and after 180 days of 485 filing, you are really safe. If the employer tries to withdraw your applns (some assholes do that), you can fight against that decision...

Moreover, no one is sure how the portability rule applies to the concurrent filings. Dear friend, waiting for 140 approval is painful, but changing jobs prematurely and getting RFE at 140 or 485 stages will increase your agony....
 
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