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

UN,
What about 485? If new employer file a new 140, is a new 485 necessary? What about AP? Ir new 140 is filed, is the current AP still valid?
Thanks!
 
Jaguar 2004,
I've read adilanis case on Texas forum, it is definitely encouraging, however, his case is filed in Texas, CSC may process the cases using different standard. My lawyer said: USCIS doesn't agree with AILA's statement/interpretation that one can use AC21 before I140 is approved. It is only the AILA's interpretation, it needs USCIS to approve it.
My opinion is, if I'm willing to take risk, I'll switch job using AC21. However, I'm not really a risk-taking person, so to do it safe, I'll apply for H1B (if there is still quota left by the time I get a new job).
Thanks!
 
UN, if it's so simple to file AC21, does that mean I won't run into the "Ability to Pay" issue? For example, will it be a problem if the new employer is a small startup?


unitednations said:
They do not need to pay anything except your salary. If you have to renew EAD/AP then you can pay that yourself.

The only thing they have to supply if requested by USCIS is a letter which specifies that they are offering you a permanent position, what the position is, salary and job duties.


It is very similar to the letter you would have given to the port of entry officers when you used TN. The only difference in the letter would be that TN has to say the job is temporary and is for one year. The letter you need for ac21 can't say it is temporary.
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Can a new employer file a fresh 140 based on the ex-employer's LC? How would it work if one were to switch using EAD and file a fresh 140? If that works, it might work out to the applicants advantage since then you might benefit from the stupid pilot program!
 
unitednations said:
Many people on these boards are given the advice to never work on EAD, especially if 140 hasn't been approved. The reason for this is that if the 140 should get denied then they would have to leave the country or try to pursue a h-1. Since h-1 is reaching the cap fairly early this is generally not an option for most people.

Your case is different because if you did use EAD and 140 got denied/withdrawan you could flip to TN immediately. The only unknown is would uscis at port of entry deny TN if they knew that you had filed for an immigrant application before. I don't think they would but it is better to ask a lawyer this.

If your new employer doesn't have an issue with putting you on an h-1 then I would suggest to go for it. Keep in mind that this will notify uscis that you have changed employers. Since USCIS will know that you have changed employers you should discuss with lawyer if you should invoke ac21 immediately with new employer or wait for 140 approval. Correct me if I am wrong but since you are a schedule a occupation you do not need to file labor certification, correct.

If you don't need a labor certification and your new employer is willing then they could file a new 140/485 for you if something happens to the first employer.
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Once you've applied for I-140 or I-485, any future applications for a TN will most certainly be denied, since you've show immigrant intent, even if the I-140 or the I-485 are denied/revoked/etc in the future, so that is not an option.
 
unitednations said:
You can do it yourself or get another lawyer.

Your lawyer is a real knucklehead isn't she? Tell her that the law doesn't specify 140 approval only 485 outstanding for more than 6 months. She isn't breaking any professional standards by informing uscis of ac21.

If you haven't been able to find the law then let me know and I will research and post it here.
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UN,
I believe there was a clarification made by USCIS that when the I-140 is filed CONCURRENTLY with the I-485, then in order to invoke AC-21, the I-140 must be approved and the I-485 must be pending for more that 180 days.

The original AC-21 memo was written before concurrent filing was permitted. If the applications are not submitted concurrently, but rather sequentially, then you are correct, and all that is required to invoke AC-21 is that the I-485 be pending for more than 180 days. But, that of course implies that an I-140 was already approved in the past.

I-140 is filed by your employer. I-485 is filed by you. AC-21 lets you transfer the responsibility of the approved I-140 petition to another employer, but if it has not yet been approved, there is nothing to transfer.
 
I am sure you could come back to the US on an H1B, which has no conflict with immigrant intent. But your question is a good one, how long does one need to wait until the immigrant intent in the person's past does not affect the current TN application? My guess is that its up to the officer's discretion at the POE. He can choose to exercise that discretion any time in the future, even 10 years or more, there is no written limit. But he can also choose to ignore it, thus although the risk may diminish over time, it will always exist.

I wonder if there is a simple way to just pay a fine, and get your TN approved in a situation where one has an denied I-140 or I-485 some time in the past?

BTW, I've stayed away from the border as to not confuse the POE guys too much.
 
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There are basically 2 options:
1. Stay with the same cooperation and switch to another hospital, but interview won't start until next month. I'm thinking that this is probably the best option because I will still be working under the same cooperation although different hospitals, afterall it is the same employer and if there is problem with I140, there is a stronger ground to argue. The drawback is, the job is not guaranteed, and by next month H1B quota will reach its cap so H1B will absolutely not an option.
2. Switch employer and get H1B, but that may affect I140......The pros is I don't need to wait until next month......

What is better?
 
Does it mean if I stay within the same cooperation (different hospital) the current I140 will still be valid?
I'm sorry to hear that you're going through some rough time. You're so good as you're still here to help people when you yourself also need help! Let us know if we can help...
 
UN,
Sorry to hear what you're experiencing. I don't quite understand what you're going through, but I'm sure that things will settle down soon. In the meantime, take this opportunity to relax and take a vacation! Hope everything will be ok for you....
 
UN,

Sorry to hear the problem. I hope it will be resolved in your favor very soon and we see a new thread from you "UN approved finally".

good luck.
 
UN,

Sorry to hear about the mess at your workplace. I am sure the whole episode ends soon in your favor. Its irony that many individuals/corporations who are responsible for all these accounting frauds get away but people like you who are clean and hard working get into these mess...

The light is down the tunnel and is not far...

Good Luck...Our wishes are with you. Keep us posted. Take it easy and spend time for yourself and your family.
 
Thanks for the support guys.

One of the things when I was deciding whether to "blow the whistle" was what it could do to potentially damage my greencard. I decided the risks were too great if I waited any longer.
 
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?
 
re

Hi chongyip,
Please make sure you have VISA screen Certificate if you plan to do H1 or File green card thru some other company.this is my 2 cents

All the best

Thanks,

Calidude
 
Thanks Calidude, I already got my Visa Screen certification.
Whyworry2003, this has been a very controversy discussion that we've been talking here.....it really depends on whether you can take risk if you are to switch employer before I140 approval.
 
Whyworry2003,

Before you leave your current employer, just expain your situation and request them not to revoke your I-140.
 
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