I485 Pending And Two W2(Work For 2nd Employer during unpaid leave)

S

SoundOfSilence

Registered Users (C)
My Info:
I-485 RD June11, 2002
ND July1, 2002

I am taking 3 month-long unpaid leave until Jun5, 2003 since my first employer give me lay-off notice and also agree to let me take 12-weeks unpaid leave as I requested.(good experiences to share.) since I know they will notify INS 2 month later from the date of layoff. My new exit date in the 1st employer is Jun13, 2003.

I got one offer to work as contracter for one company in similar job catagory(softare developer), they will pay me based on W-2. As per my current company law, I am allowed to work for 2nd employer, as long they are not competititor.

I expect I will receive RFE (if there is) in Oct/Nov, 2003, My concern is if there is any negative effects if there is overlap employment during May/June before I get laid off by the 1st employer.


Any ideas are appeciated.
 
first of all, i found a couple of curious points in your post:

1. they will notify INS 2 month later from the date of layoff

2. I am allowed to work for 2nd employer, as long they are not competititor

why do your current employers feel the need to inform INS/BCIS about anything? and if you have been given the pink slip, what does it matter what they feel about you working for any other company, unless i am missing something here, and you are actually going to return to your present employer at the end of your three-month unpaid leave.

if you can possibly prevail upon your present employer not to send any kind of communication to BCIS regarding your employment, do so. if they are adamant about notification, then i recommend you pre-empt them and send in a notification of your own to BCIS first, informing them of a change of employer and invoking AC-21, since more than 180 have passed since your RD. i am assuming here that (a) your i140 is approved, and (b) your new job is a reasonably permanent one, one that will last until your GC approval, and hopefully beyond.

here's the reason for my suggestion: i don't know if you have happened upon a thread started by forum user "Killer". here's the link: Urgent!!!Please help if case deny. in Killer's case, he had changed employers, and that change fully met the criteria of AC-21. he did not notify the INS of his invocation of AC-21 protection for his i140, which under normal circumstances is quite ok; some people prefer to be RFE'd for employment verification before notifying INS/BCIS of their AC-21 change of employers. but in Killer's case, his old employer's attorney sent a letter to the INS saying that he was no longer employed by the old employer, and and any correspondence etc. should be addressed to Killer directly.

in the absence of any notification from Killer himself, the INS, instead RFEing for employment verfication, sent him a Notice of Intent to Deny (NOID), stating they wanted to know if Killer's new employer had filed a new i140!

one might well ask why it didn't occur to the INS that, under AC-21 law, Killer's new employer did not need to file a new i140. one might ask until one is blue in the face. in Killer's case, one might argue that he could have averted this by notifying INS of his invocation of AC-21 to change employers, thus preserving his already approved i140. one might also argue that the adjudicating officer who sent this NOID was an idiot, for all the good that would do.

what might help more are some judicious pre-emptive measures. summing up, try to convince your present employers that they really don't need to send anything to the BCIS; failing that, send BCIS an AC-21 change of employer notification before your present employers send them anything.

CAVEAT EMPTOR:
i am neither a lawyer, nor an immigration expert. please seek the counsel of a qualified immigration attorney before making any decision. this goes doubly for AC-21-related matters!

good luck!
 
Last edited by a moderator:
Pork Chop,

Caveat Emptor, meaning 'buyer beware', implies that you are selling something (in this instance, advice). Because a sale involves a receipt of consideration, you may not be able to disown responsibility for your counsel so easily!!

Just trying to get under your skin.:D :D

Sound of Silence, Good Luck.
 
Hi,

What Pork Chop say makes great sence. Before I say any thing about the case discussed here I want to say a couple of things about Pork Chop.

This guy has got great analytical powers, great amount of common sence and stuff to understand complex legal matters. Coupled with all the above he has got a great expression. Above all he appears to be very human, open minded and sypathetic. This forum is blessed to have such a person's participation.

Pork Chop, you are a great guy, please keep up the good work that you are doing. You know what, I feel we need a guy like you to bring amity between India-Pakistan.

Now about the case, what Pork Chop says about informing the BCIS about invoking the AC-21 portability by the beneficiary makes tremendous amount of sence and is true in more than one way. It can be univesally applied by all those who are making use of this provision to avoid unforeseen moves by the employer. The rule here is pre-empt your sponsoring employer(employer that you are planning to leave and who owns your LC and I-140) by informing the BCIS about your move before he does.

On the face of it this case appears that it would sail through if handled well. As sugested by Pork Chop, please get hold of a competent attorney to handle your case.

Good Luck !
 
Last edited by a moderator:
Notifying BCIS after Layoff

Thanks. Pork Chop. Great Idea.

The reason why my current employer will notify BCIS is they use my H1B instead of EAD which I had based on their stupid company policy. And they will notify BCIS my employment based on H1B was terminated.

If I get it right, I should send one letter to BCIS instead of my new employer to invoke AC21. Right? Just a letter, no need support material like pink slip or new employment letter?


Thanks
 
Hi SoundOfSilence,

You are right. Let the letter be drafted by your chosen attorney and send it through s(he) and keep a copy with you. Attornies are trained to do this and they know better what to write. Your old employer need not know about this.

Good Luck !
 
Last edited by a moderator:
SoundOfSilence:

If I get it right, I should send one letter to BCIS instead of my new employer to invoke AC21. Right? Just a letter, no need support material like pink slip or new employment letter?

you bet! just a simple letter informing them of a change of employers, and citing AC-21, without going into any reasons for your change. (avoid the whys and wherefores where possible!). better yet, have an attorney do it for you. in case your new employer intends to file an H1B transfer on your behalf, this letter should follow close on the heels of the receipt of that application by the BCIS. you can switch to working for your new employer as soon as your H1B transfer app is received by the BCIS. if you intend to use your EAD, send in your letter as soon as you start your new job. ideally, all of this should happen before your old employer dispatch their missive.

i suppose i ought to add why i keep harping on getting professional counsel, especially for AC-21. i had recently participated in another discussion thread where one gentleman kept insisting that the whole GC process is ludicrously straightforward, and we darn well don't need to pay good money to lawyers to handle it for us since they are all bloodsucking leeches anyway. while deferring to that gentleman (some lawyers may well exhibit a degree of taxonomic affinity with the hirudineans), i look upon immigration attorneys as more of an insurance policy: certainly, if everything goes hunky dory, you could have saved your money. but if things come unglued, and you want somebody to go toe-to-toe with the BCIS for you, then the retainer would be money well spent.

for AC-21, given the much-heralded - and as yet unproclaimed - implementation guidelines of the INS/BCIS, and given adjudicators sporting varying degrees of cranial ossification (i guess i could have said "boneheadedness"), a lawyer just might turn out to be the ticket you need.

sachdev:

thank you ever so much for your remarks. i have said it before, and out of no false modesty, that i have learned from all you in these forums. the postings by so many different people have helped me tremendously in understanding this absurdly drawn out, needlessly complicated and often patently frustrating holy grail we call "u.s. immigration". this forum is my wellspring of information, sounding board and support group. i owe all of you a "thank you".

about india and pakistan, here's a perfect example of two countries separated by the same language, culture and heritage, to paraphrase g. b. shaw. we are more victims of our own device than anything else. someday, i would love to gab with you on this subject, and hold forth with my view on this, and life, the universe and everything while we are at it; (maybe even let you get a word in edgeways :))

Sankrityayan:

if they are 'buying' it, in the colloquial sense ("you mean you are buyin' this malarkey??"), i thought i ought to make an attempt at securing my sphincter, in case i further contribute to the trail of devastation that i have left in my wake...
 
Last edited by a moderator:
You must log in or register to reply here.
Top