job change before I140 approval

C

crazion

Registered Users (C)
Hello Gurus,
i filed for 140 and 485 concurrently and its been 5 months.

Now i want to change to a different company by doing H1 Transfer. But my employer says that i could be risky because i may get an RFE in 140 stage.
Could some one tell me what are the possible kinds of RFE that may be generated. [ my company is about 60 employee consulting company ].

Also please let me know if this is true,
' does the company need to show atleast X amount of profit in last quarters if they were to say that they are going sponsor GC for future employment ? '

your help is appreciated.
~
shyam
 
Originally posted by crazion
Hello Gurus,
i filed for 140 and 485 concurrently and its been 5 months.

Now i want to change to a different company by doing H1 Transfer. But my employer says that i could be risky because i may get an RFE in 140 stage.

**This is true if your current employer does not want to support your application.

Could some one tell me what are the possible kinds of RFE that may be generated. [ my company is about 60 employee consulting company ].

** They asks any possible things. In my case my anttorney said they were out of questions. I had two RFEs on my case, my company has only 5 people by the time RFEs arrived (had 100 people at the time I-140 filed). As far as I remember, company financial statement, tax returns, payroll tax for the past 12 quarters, my own w-2 for the past 3 years, employer letter covers past 5 years (LC defined 5 years experience) and some other stuff. It is obviously not everybody was aksed all these questions.

Also please let me know if this is true,
' does the company need to show atleast X amount of profit in last quarters if they were to say that they are going sponsor GC for future employment ? '

**It is not true. My company made about 2 Million loss last year and have made loss every year since it established 3 years ago. We provide all these to BCIS as they asked. My case has been approved. Ability able to pay you is the key.

your help is appreciated.
~
shyam
Click to expand...
 
thank you lisansw for your prompt clarifications.

could you explain more about the following issues

1) What does the employer have to do , to be able to support
the I140 after the employee leaves the company. how is it
justified when an RFE arrives ?

2) How does an employer prove his ability to pay when the
company is not making profits and the employee has already
left the company. they cant just show the current paychecks
and say that the employee is already being paid. Could it be
justified by arguing that the employee has previously worked
for more than 18 months and company did pay him at that
time ?

your clarifications are appreciated.

~
shyam
 
Crazion,

1) The bottom line here is the employer has to approve the position is still exist by the time RFE comes and employer has intention to hire the applicant on GC approval. If employer is willing to provide all support materials that BCIS asked, then it will be OK. It is really depened on how good is the relationship between you and employer. That is why it is not recommended change job before I-140 approval but I understand that people has no other choice some time.

2) Making profit and loss is an different issue as ability to pay. Company financial statement will show enough evidence. I don't believe the previous employment can justify this issue. Ability to pay is very common issue BCIS would check, please talk to your attorney for futher clarification.

Good luck!
 
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