Dear Jaxen,
I was not knowing much about AC21 but you made me aware of AC21 and I-485 Portability, my friend is in some confusion I informed him what I read in your posts and others who posted on this thread my thanks to all for sharing the info and thanks to Rajiv S Khanna for this site.
Here is his case:
1. He worked for Company A on H1B visa, company A filed for his LC in RIR, LC was cleared and I-140 was also filed and then the company A told him to cut his Pay because he Sponsored his GC, my friend kept quit for few months and worked on less salary, he did not have any option
2. Then he found a Job with Company B and transferred his H1B and worked with company B and same thing happened with B, Company B also filed his LC that is still pending
B was also not doing good he also started Salary cut for many H1B employees and sent many back to India, my friend was also told to go to India but he found Employer C, who had a good job for him so he got his H1b transferred from B to C.
3 My friend is currently working with employer C on H1b for last 15 months, C has also filed for his LC in RIR that will take more than a year just to get LC cleared my friend
My friends job duty or skill set is same for A, B, and C in other word Jobs are similar
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4. Few days’ back he met one of the friend who worked with him in company A and told him that I-140 of my friend was approved long back for A, then my friend asked him can he get him a copy of filing the I-140 or copy of approved I-140, then my friend received the I-140 filing receipt only through a friend who is working for A and he told my friend that his I-140 has NOT been revoked by A and then after getting the filing receipt of I-140 my friend found on AVM that his I-140 has been approved in Feb, 2001, it means that employer has not cancelled the I-140, he wanted to request Employer A for the copy of I-140 but he had a fear that if he asks A for copy he may try to Cancel it so he kept quiet
5. My friend met a lawyer he told my friend that Still he can file for I-485 with just WAC # that was approved for A and pray that his I-485 is not approved in less than 180 days, once 180 days have been passed he will be safe and can use AC21 and can inform INS about change in Intent at that time or wait for RFE if any from INS and can provide company C letter,
My friend asked the lawyer that if the Employer A cancels the I-140 during the I-485 then lawyer replied that normally INS does not give any priority to cancel H1b or I-140 these requests take more than 6 months and most of the time die on the shelf, so he should not worry about this and should not inform A that you are filing for I-485 just to avoid any complications. I-485 belongs to you not to employer A
Lawyer told my friend that he should maintain his H1b with C and continue working on H1B and file for I-485 based on approved I-140 for A, lawyer said that he does not need the copy of approved I-140, just he provide him WAC # of I-140 filing INS has the record and they will check it, then my friend asked the lawyer that he needs Employer A letter to file I-485 but the lawyer told no problem, he will manage with out it because nobody checks it till the final approval and INS may have “ lost it”, they even loose the files ……… they send the notices to wrong addresses
My friend asked the lawyer about the INTENT, he told it can be changed and do not worry, you have the Intent to work with A at this time don’t you?, just file the I-485 he will take care of every thing latter just let the 180 days pass after filling and INS is not going to approve it in 180 days normally they take more than that and he knows the delay tactics, when INS can delay many cases more than 2 years he can……
Dear Jaxen My friend needs your help or I should say that I need your help to help my friend.
Should he file I-1485 and take the risk? Is there anything illegal? Or lawyer is correct and my friend can/should take the risk
Regards
I was not knowing much about AC21 but you made me aware of AC21 and I-485 Portability, my friend is in some confusion I informed him what I read in your posts and others who posted on this thread my thanks to all for sharing the info and thanks to Rajiv S Khanna for this site.
Here is his case:
1. He worked for Company A on H1B visa, company A filed for his LC in RIR, LC was cleared and I-140 was also filed and then the company A told him to cut his Pay because he Sponsored his GC, my friend kept quit for few months and worked on less salary, he did not have any option
2. Then he found a Job with Company B and transferred his H1B and worked with company B and same thing happened with B, Company B also filed his LC that is still pending
B was also not doing good he also started Salary cut for many H1B employees and sent many back to India, my friend was also told to go to India but he found Employer C, who had a good job for him so he got his H1b transferred from B to C.
3 My friend is currently working with employer C on H1b for last 15 months, C has also filed for his LC in RIR that will take more than a year just to get LC cleared my friend
My friends job duty or skill set is same for A, B, and C in other word Jobs are similar
@@
4. Few days’ back he met one of the friend who worked with him in company A and told him that I-140 of my friend was approved long back for A, then my friend asked him can he get him a copy of filing the I-140 or copy of approved I-140, then my friend received the I-140 filing receipt only through a friend who is working for A and he told my friend that his I-140 has NOT been revoked by A and then after getting the filing receipt of I-140 my friend found on AVM that his I-140 has been approved in Feb, 2001, it means that employer has not cancelled the I-140, he wanted to request Employer A for the copy of I-140 but he had a fear that if he asks A for copy he may try to Cancel it so he kept quiet
5. My friend met a lawyer he told my friend that Still he can file for I-485 with just WAC # that was approved for A and pray that his I-485 is not approved in less than 180 days, once 180 days have been passed he will be safe and can use AC21 and can inform INS about change in Intent at that time or wait for RFE if any from INS and can provide company C letter,
My friend asked the lawyer that if the Employer A cancels the I-140 during the I-485 then lawyer replied that normally INS does not give any priority to cancel H1b or I-140 these requests take more than 6 months and most of the time die on the shelf, so he should not worry about this and should not inform A that you are filing for I-485 just to avoid any complications. I-485 belongs to you not to employer A
Lawyer told my friend that he should maintain his H1b with C and continue working on H1B and file for I-485 based on approved I-140 for A, lawyer said that he does not need the copy of approved I-140, just he provide him WAC # of I-140 filing INS has the record and they will check it, then my friend asked the lawyer that he needs Employer A letter to file I-485 but the lawyer told no problem, he will manage with out it because nobody checks it till the final approval and INS may have “ lost it”, they even loose the files ……… they send the notices to wrong addresses
My friend asked the lawyer about the INTENT, he told it can be changed and do not worry, you have the Intent to work with A at this time don’t you?, just file the I-485 he will take care of every thing latter just let the 180 days pass after filling and INS is not going to approve it in 180 days normally they take more than that and he knows the delay tactics, when INS can delay many cases more than 2 years he can……
Dear Jaxen My friend needs your help or I should say that I need your help to help my friend.
Should he file I-1485 and take the risk? Is there anything illegal? Or lawyer is correct and my friend can/should take the risk
Regards