I485 filed without informing the company who sponsored LC and I140..

C

chains2

Registered Users (C)
Hi Gurus,
I think I have a weird case but I am sure there must be a lot of people who are on the same status as me. Here are my case details…
I was working for company A, who filed for my LC and I140. My I140 was approved and I was waiting for my date to be current so that I could file for I485. But before the date could have been current I was laid off. I joined company B and then company C. I then consulted a lawyer who advised me to file for I485 on my own as company A had not withdrawn the I140 petition. He also mentioned not to inform anyone for at least 6 months. I have now joined company D after 6 months of filing I485. BTW…. I am currently on my H1B with company D. I have also applied for my 3rd EAD.
Do you guys think that I could be denied my I485 or it should be a smooth sailing? Has anyone been through or is on the same boat as me?? It has been more than 2 years since I have filed for my I485 but have got no response…What do you guys think I should be doing??

Thanks

I140 Approved – 08/27/01
I485 RD – 07/02/02
3rd EAD filed – 08/25/04
 
chains2 said:
Hi Gurus,
I think I have a weird case but I am sure there must be a lot of people who are on the same status as me. Here are my case details…
I was working for company A, who filed for my LC and I140. My I140 was approved and I was waiting for my date to be current so that I could file for I485. But before the date could have been current I was laid off. I joined company B and then company C. I then consulted a lawyer who advised me to file for I485 on my own as company A had not withdrawn the I140 petition. He also mentioned not to inform anyone for at least 6 months. I have now joined company D after 6 months of filing I485. BTW…. I am currently on my H1B with company D. I have also applied for my 3rd EAD.
Do you guys think that I could be denied my I485 or it should be a smooth sailing? Has anyone been through or is on the same boat as me?? It has been more than 2 years since I have filed for my I485 but have got no response…What do you guys think I should be doing??

Thanks

I140 Approved – 08/27/01
I485 RD – 07/02/02
3rd EAD filed – 08/25/04
Click to expand...


whats the LUD for ur 485? any FP's or RFE's?

U've changed employer thrice since 140 was approved. How do u know
that approved 140 from company A is not revoked? I believe you need
copy of approved 140 to file 485[if its non-concurrent application]. Do u have it?

I think u r safe to file an AC-21 from company D. I can comment
more on this issue once u give a more clear picture by answering above questions.
 
Q> Please see my answers below to your questions..
whats the LUD for ur 485? any FP's or RFE's?
--> LUD - 6/14/04
Done 2 FPs...2nd one done on 6/2/04
No RFE's

Q> U've changed employer thrice since 140 was approved. How do u know
that approved 140 from company A is not revoked? I believe you need
copy of approved 140 to file 485[if its non-concurrent application]. Do u have it?
-->I have the I140 with me and when i check its status it says the following...
This case has been approved. On August 27, 2001, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.


I think u r safe to file an AC-21 from company D. I can comment
more on this issue once u give a more clear picture by answering above questions.

--> Please advice.
 
chains2 said:
Q> Please see my answers below to your questions..
whats the LUD for ur 485? any FP's or RFE's?
--> LUD - 6/14/04
Done 2 FPs...2nd one done on 6/2/04
No RFE's

Q> U've changed employer thrice since 140 was approved. How do u know
that approved 140 from company A is not revoked? I believe you need
copy of approved 140 to file 485[if its non-concurrent application]. Do u have it?
-->I have the I140 with me and when i check its status it says the following...
This case has been approved. On August 27, 2001, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.


I think u r safe to file an AC-21 from company D. I can comment
more on this issue once u give a more clear picture by answering above questions.

--> Please advice.
Click to expand...

I'm posting my comments but suggest u should wait for advise/comments from
other gurus b4 making any move ...

Since u r having LUD's and FP's done on ur case, I'm sure its being processed.
No RFE means 'probably' USCIS is still not aware of u changing jobs.
I believe u'll never come to know if ur employer has revoked 140. U'll know this
only when you get NOID for ur 485[in ur case it dosent seem likely as u r
getting FP's and no RFE's]...also ur employer can revoke 140 ONLY IF
485 is pending less than 180 days. Bottomline: For me it dosent
seem likely that ur 140 is revoked orelse u would have got NOID
for ur 485 by this time.

Now the million $ question for u is should u file AC-21 from company D?
I would wait for an RFE and then file AC-21, who knows if u r lucky
ur 485 will be cleared without RFE.

Looks like its smooth sailing 4 u..:) Good Luck
 
Thanks for your reply.. Appreciate it. While filing for my I485 my lawyer asked me to write down on the application form for which company I was currently working for i.e. Company C. He mentioned I could do that as the Green Card is for future employment and if I pass the 180 days (AC21 rule) then I can should be ok. He also mentioned it was always better to tell them the truth.
So I guess the USCIS already knows that I have changed employers. But it does not know that I am currently working for company D.

Would this pose a problem??

There is another thing i would like to add...While getting laid off from Company A..they mentioned that they would not withdraw the application.
 
Last edited by a moderator:
chains2 said:
Thanks for your reply.. Appreciate it. While filing for my I485 my lawyer asked me to write down on the application form for which company I was currently working for i.e. Company C. He mentioned I could do that as the Green Card is for future employment and if I pass the 180 days (AC21 rule) then I can should be ok. He also mentioned it was always better to tell them the truth.
So I guess the USCIS already knows that I have changed employers. But it does not know that I am currently working for company D.

Would this pose a problem??

There is another thing i would like to add...While getting laid off from Company A..they mentioned that they would not withdraw the application.
Click to expand...

It does matter for USCIS if its company B/C/D? all that matters is u r not
with company A[ur sponsor]

u r guessing that they know u r with company C and they didn't issue
any RFE so i guess u r safe. send me some desi sweets when ur 485 is approved :)
 
chains2 said:
Hi Gurus,
I think I have a weird case but I am sure there must be a lot of people who are on the same status as me. Here are my case details…
I was working for company A, who filed for my LC and I140.
My I140 was approved and I was waiting for my date to be current so that I could file for I485. But before the date could have been current I was laid off.
----I-140 was approved when you were working with A or when you left A???

I joined company B and then company C. I then consulted a lawyer who advised me to file for I485 on my own as company A had not withdrawn the I140 petition. He also mentioned not to inform anyone for at least 6 months.
--- did you file I-485 without any letter from employer ??????

I have now joined company D after 6 months of filing I485.
BTW…. I am currently on my H1B with company D. I have also applied for my 3rd EAD.
Do you guys think that I could be denied my I485 or it should be a smooth sailing? Has anyone been through or is on the same boat as me?? It has been more than 2 years since I have filed for my I485 but have got no response…What do you guys think I should be doing??
----- I need the above details
Thanks

I140 Approved – 08/27/01
I485 RD – 07/02/02
3rd EAD filed – 08/25/04
Click to expand...
 
Regarding your queries..
1> I-140 was approved when you were working with A or when you left A???
It was approved when i was working for company A

2> did you file I-485 without any letter from employer ??????
Yes, I filed it without any letter from employer A... I had the I140 approval. I don't remember what documents I submitted with the I485 filing but I did not ask for any documents from employer A. My lawyer mentioned that i can file it with whatever documents I have...as I485 is to inform INS about my intentions to join the company while the I140 is to inform INS the companys intention to hire me. And, after 6 months of filing I485 i would qualify for AC21 and i should be fine. I don't know how true it is as i havent got any RFE's.
 
chains2 said:
Regarding your queries..
1> I-140 was approved when you were working with A or when you left A???
It was approved when i was working for company A

2> did you file I-485 without any letter from employer ??????
Yes, I filed it without any letter from employer A... I had the I140 approval. I don't remember what documents I submitted with the I485 filing but I did not ask for any documents from employer A. My lawyer mentioned that i can file it with whatever documents I have...as I485 is to inform INS about my intentions to join the company
-----I-485 is filed to adjust your status based on -140 approved and to work with employer, nothing wrong that you did not attach employer letter from A
while the I140 is to inform INS the companys intention to hire me. And, after 6 months of filing I485 i would qualify for AC21 and i should be fine. I don't know how true it is as i havent got any RFE's.
------ you will get RFE for employer letter if you are eligible and qualify to use AC21 just inform USCIS by sending new employer future permanent job offer letter in same/similar job, so that USCIS has new employer letter attached with your pendingI-485, if they sendRFE they will send a long list of documents. i would send AC21 letter so that they have update
Click to expand...
 
Thanks!!...Should i send the employment letter and AC21 letter now (i.e before the RFE ) or after the RFE???
 
Last edited by a moderator:
chains2 said:
Thanks!!...Should i send the employment letter and AC21 letter now (i.e before the RFE ) or after the RFE???
Click to expand...
----I willl send now so that the AC21 letter is attached with pending I-485 file
I will send Intent change letter+ new job offer letter from new employer to use AC21 and 2-3 recent pay stubs from new employer
 
Has anyone been through the same situation as me? And what action did you take in terms of sending the AC21?
 
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