Insight needed .......change of job and the employer responsibilities

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abc94536

Registered Users (C)
Change of job and the employer responsibilities!!!!

Friends,

I am hoping, insights to these items will help me decide my next move.
___________________________________________________________________
I am with a desi company - 30-40 employees. My 485 is pending for more than 180 days and 140 is approved. My project with a client is over and am not getting any help from my current desi company who filed for my GC in seeking my next project.

My question is - as we know desi companies don't send any lay off letters and at the same time will not pay since my project is over, can this co. be responsible for answering any 485 RFE (in case reqd.) ?

By law - are they responsible to pay me during my bench period? though I do not hope....:(

By law - Till what time am I suppose to be with the company - even though I am not on any project - as I know these desi companies never revoke H1b thru USCIS.

As I will have to shift to another company -probably using my EAD - still can my current company be responsible for sending me Or replying to my RFE - AS THEY HAVE NOT LAID ME OFF OFFICIALLY?

TWO FULL TIME JOBS?.... In case of any RFE - while I am with the new company on EAD - still will I be able to use (voluntarily) my previous company (if we can be in good terms) to send off the papers (any reqd.) - as they have not laid me off officially?
____________________________________________________________________
Thank you!!!
 
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If you go through this forum, lots of similar cases you will find where this scenario is discussed in detail.
In brief, You are eligible for AC21 and if you find a decent job with similar job duties and the employer is willing to continue GC, then you can switch the job and continue the I485 process by filling AC21.
And also try to maintain good terms with the present employer if possible as you can always take his help in case of any future RFE's.
abc94536 said:
Guys pls. help me....thx!
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abc94536 said:
Who filed for my GC for my next project.
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what does this mean ? GC for next project ?
you also said that 180 days period is over..

anyway..
if your desi company is supporting you then you can go ahead and work for anyone..

you can always file AC21 if you change ( or the desi ) your intent..
 
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Some tips,

Search a new job and Job is almost = to the job described in the labor. Make sure the Job description, Job specs etc is same with the old job.

Make sure they pay more than what it is described on the labor.

File AC-21 before moving to the new job. Have acknowledgment with you for the rest of your GC approval (Send by proper channel and proper acknowledgment. Have all the copies what ever you send. (The reason is if you move to a new job without sending the AC-21 to USCIS, if the desi employer withdraws 140, the USCIS will deny all the EAD, AP, 485 applications pending etc. If the 140 is denied and USCIS have you AC-21 then it will not impact you even though the 140 is withdrawn.)

Contact a good lawyer and have your g-28 also filed along with ac-21. (very important is G-28)

Send the first few paystubs once you got it.

Move on………
 
Thanks!



Can an employer withdraw ' approved' 140? even after its been more than 180 days of 485?

Also, what is g-28?

My current lawyer is admant in taking up AC-21....he says its conflict of interest as he is representing my employer also....not sure how???
 
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abc94536 said:
Thanks!
Can an employer withdraw ' approved' 140? even after its been more than 180 days of 485?
Also, what is g-28?
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yes they can revoke..desi are very good in doing this..( to sell the labor or to file someone else on same labor or just for FUN )..and then the only option is AC21..

G-28 is attorneys representation ..you can file G-28 if you want to represent your case yourself ( w/o attorney ) or if you hire a new attorney then also new attorney need to file the same
 
So, does that mean the employer can withdraw the 140 anytime and can give the labor to sb else during the process? even though my case may be on with AC 21?

Besides, my lawyer is admant is taking my AC-21 case. he says it will conflict of intrest as he is representing my employer as well...not sure what that means??

Thanks!!
 
You can file AC21 paperwork at following events / stages --
1. On the day you join new company
2. When you have 3 new pay stubs
3. When you receive RFE
4. When your receive NOID
5. When you never receive RFE/NOID and file MTR to save your case
( # 5 happens even when you send AC21 w/o RFE )

since you qualify for AC21 you should not be worried at all if you have a job in "same or similar" occupation..and salary is >= labor salary..

if i have to file G-28 then i will file AC21 when RFE is issued..as a bar code is attached to RFE..

now IMHO your lawyer is trying to make some dirty money ..how do you know that he/she is going to really help you out ..if money is asked to file AC21 i would suggest to hire a new lawyer.. 1-485 is your application and if he is so committed to desi then you should proceed with caution.."conflict of interest" is buzz word in law industry..that means that desi's and your interest are diffrent..( note that your lawyer is not talking about client's privacy )


if desi is not going to revoke your 140 ( and you are sure ) then you should not do anything till you receive a RFE
P.S. -- you don't withdraw any approved application..you 'revoke' it
 
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md_rockville,

quick question. One of my friend is in same situation. he is switching his job (starting today). His i-140 was approved in 2002 and then he filed I-485 end of 2002. He informed his old employer that he is changing his job yesterday. His Old employer told him that, he will inform INS immediately. Now it is better him to apply AC-21, instead of waiting to issue RFE or NOID right?
 
Thankyou MD... for the detailed reply. Two things -

(1) Though, I may have changed my employer, Is it possible that my case may approve without the use of AC21?

(2) When we say 'similar job' - its the job desc. mentioned in the labor? Or the job that I have been doing withe my current employer? The reason I am asking you this is because - as I remember in my labor substitution case -(again my lawyer very briefly mentioned about it...not sure if they can legally give me the entire detail ???) - it was pretty generic 's/w engg' - somthing like that. While for my current job I had given specific details.
Now to which my future job should match? my current job details Or the job detail in the labor (which is genreic and almost anything can fit in that).

Thanks again
 
kamvp said:
md_rockville,
quick question. One of my friend is in same situation. he is switching his job (starting today). His i-140 was approved in 2002 and then he filed I-485 end of 2002. He informed his old employer that he is changing his job yesterday. His Old employer told him that, he will inform INS immediately. Now it is better him to apply AC-21, instead of waiting to issue RFE or NOID right?
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right, he should file AC21 paperwork ( certified mail with signature )
 
Thankyou MD... for the detailed reply. Two things -

(1) Though, I may have changed my employer, Is it possible that my case may approve without the use of AC21?

(2) When we say 'similar job' - its the job desc. mentioned in the labor? Or the job that I have been doing withe my current employer? The reason I am asking you this is because - as I remember in my labor substitution case -(again my lawyer very briefly mentioned about it...not sure if they can legally give me the entire detail ???) - it was pretty generic 's/w engg' - somthing like that. While for my current job I had given specific details.
Now to which my future job should match? my current job details Or the job detail in the labor (which is genreic and almost anything can fit in that).

Thanks again
 
abc94536 said:
(1) Though, I may have changed my employer, Is it possible that my case may approve without the use of AC21?
Click to expand...
Yes it is possible. I know many approved the same way but in call cases employer never revoked 140
abc94536 said:
(2) When we say 'similar job' - its the job desc. mentioned in the labor? Or the job that I have been doing withe my current employer? The reason I am asking you this is because - as I remember in my labor substitution case -(again my lawyer very briefly mentioned about it...not sure if they can legally give me the entire detail ???) - it was pretty generic 's/w engg' - somthing like that. While for my current job I had given specific details.
Now to which my future job should match? my current job details Or the job detail in the labor (which is genreic and almost anything can fit in that).
Click to expand...
if you are software enginner...then you can take any job in software industry ( dev, consultant, java dev, architect, software guy )..

you can ask your lawyer to know more about the "description" on labor cert.... if you file G-28 then by law your old lawyer is bould to furnish all paperworks..
 
MD_Rockville said:
you can ask your lawyer to know more about the "description" on labor cert.... if you file G-28 then by law your old lawyer is bould to furnish all paperworks..
Click to expand...

If you have a copy of the I-140 application, it should mention the job code (NAICS code). Once you have the job code you can get the details about the job description from USDOL website.

Don't have details about the DOL website.
 
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