I'm losing my job, UN, please help!

unitednations said:
There has been a lot of debate about 140 approval or not to use ac21. It caused a recent fury when a law firm posted on their web-site and quoted the general counsel of uscis that 140 approval prior to using 485 wasn't necessarily a requirement and that they were going to come out with a memo.

I think everyone would conclude to wait for 140 approval. However, if circumstances were beyond your control then you would have no choice but to change jobs and wait it out.
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If your company withdraw I-140 prior its approval, the case is finished you have not other choice. AC21 can not apply here.

Your chance is to wait for 140 approval without RFE. If RFE comes, you need to work out with hospital to let them reply, this could be difficult.
 
whyworry_2003 said:
I am facing a somewhat similar situation where my job may end around Jan 05, I filed 140 and 485 concurrently and my RD is 07/30. Is it Ok for me to switch end of Jan when 180 days is up on my EAD or do I have to wait for 140 approval?
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Your risk is when RFE come. If your current employer is willing to response RFE, it should be fine. Technically, by the time of adjustment the position is still exist but you do not have to work for the sponsor company.
 
Hi UN, I am only aware one case from TSC who received approval after filing AC21 before I140 approval. I wonder if the first case you mentioned is the same case then?

Another case everyone is watching is the LUD being continuously changing for many days in July without a decision yet from CIS. I think he is from VSC.

The last case I am aware of is I140painful whose employer withdraw the pending I140 but CIS issued an RFE instead of Intend to Deny. Her case is less than 180 days of concurrently filing.
 
UN or anyone else, I always have this question and would like to know if anyone has an answer.

GC is clearly for future employment so it's possible for a candidate to receive his/her GC without ever working for the sponsoring company before. However, the company has to intend to hire the candidate indifinately at the time the I485 is being approved.

If my above theory is correct, my questions are:
1) what about I140 RFEs asking for paystubs or W-2? Obviously the candidate has not started working yet thus no paystubs nor W2s.
2) what about I140 RFE asking for EVL? can the employer issue a letter of "intend to hire"?
3) will this case more likely be sent to local interview before I485 approval? Will this candidate pass the interview without having W2, paystubs, but only an intention letter from the sponsoring company.
 
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I checked USCIS's processing time, for both Sched A occupation and I485, CSC is processing Oct 3, 2003's cases.....I485 is moving so fast, we may even get 485 approval prior to 140 approval.....hahah.......just dreaming......

Anyhow, update about myself: got some job offers....working with lawyer to see what steps need to take. She insists that a new I140 has to be filed, but says something that we don't have to wait in line again....we'll be able to stick with the old receipt date....don't know how this works unless it is an amendment. Any idea?

UN, any update about yourself? Hope things are going well....
 
Just talked to lawyer again, she said they will request to move the priorty date back to the date that the original I140 is filed....however i checked the I140 notice, there is no priorty date on it.....don't know what she meant....

So will they lay off people? Seems like it is a very complicated situation....

I also went back to Toronto 3 weeks ago....which part of Toronto are you from? It was the first day after I came back from Toronto that they annouced the closure of the hospital.....what a shock...
 
UN,
Got 2 job offers....honestly, do you think it is better to stay within the same cooperation? Do you think the method that the lawyer suggested is feasable? I've never heard of filing another I140 with a request to move the filing date back to the priorty date. Is this method recognized by USCIS? Will it affect I485? The lawyer said, it doesn't matter to stay within the same cooperation or work for a new employer, either way the new hospital has to file another I140....
 
I asked, she said the hospital is NOT going to withdraw I140. She said I can still use my current AP and EAD because they are based on I485. I don't how she can link the new I140 to the old I485, that is a mystery.....She said I will use my current EAD to switch job and the new employer has to file a new I140 ASAP.
The sister hospitals are under the same cooperation but they are financially separated, they have different CEO, CFO, etc....maybe that's why we need to treat it as a new employer.
 
Honestly, Physical Therapist is under critical shortage. I had this interview today and she offered me the job right away because she doesn't want to lose me to another hospital that I have to reply by Monday. I talked to the HR, they won't have any problem filing the new I140, they will pay if I elect to use this old company's lawyer. The HR is going to talk to their lawyer too to see what they say. So, yes, I will have 2nd opinion from their lawyer...
 
UN,
Glad to see you here...I'm off today trying to sort out my job offers issue.
I posted my question in murthy.com but nobody view my posting...it is a very unpopular thread compare to this one....
I really need to sort things out with the new employer before I take their offer but there is no guaranttee they will give me answer by today....which screwed me up coz' i need to reply the sister hospital by today....
I'm so frustrated now.
 
I know murthy.com has a real time chat tonight but I cannot wait until tonight, everything has to be settled by today...
There are pros and cons with each job....sister hospital pay less and the sched is not what I want, but I got to keep my title (just got promoted) and they will open up a unit which I want to do in one year. New employer pays better with better sched but I will get bumped to a lower level....
It is a very tough decision.
I just sent an email to the HR and see if they can sort things out by today, if not I will probably decline the offer and go to the sister hospital....try to fight for a higher pay....
 
UN,
I will be traveling to Canada and Hong Kong in Nov and Dec. Some technical questions, hope you can help me:
1. Is there any problem to travel with two I140 petitions?
2. Normally I would bring proof of employment/pay stub when traveling. When I travel in Nov, I can still bring my current hospital's pay stub. However in Dec, this hospital will no longer exist. Do I just simply bring proof of employment from the new hospital?
3. What should I be aware of when question by immigration officers?
Thanks UN!!
 
Thank you UN for the information. Last time when I used the AP they didn't ask for anything else, just the AP, hope it will be the same this time.
 
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