Laid before 180 days, BUT ...

[dbneedshelp]

Company A has laid me off before 180 days of concurrent filing..

Because this is before the 180 day of concurrent filing, this will totally screw up my chances on the off chance that I don't get RFE for I140 approval [i have already received my EAD 60 days after filing].

Company B is interested in my skill set, and is willing to hire Company A and use me as a contract worker. This sounds like a GREAT option, but Company A refuses and thinks this can be construed as fraud.

Is there anything I can do to convince them that it is not ?? or is it ?

 

[ginnu]

Company A has laid me off before 180 days of concurrent filing..

Because this is before the 180 day of concurrent filing, this will totally screw up my chances on the off chance that I don't get RFE for I140 approval [i have already received my EAD 60 days after filing].
--- If your I-140 is approved and from I-140 approval date your I-485 is pending more than 180 days you may be safe to use AC21 (your employer should not revoke I-140) remember still no AC21 final regulations
Company B is interested in my skill set, and is willing to hire Company A and use me as a contract worker. This sounds like a GREAT option, but Company A refuses and thinks this can be construed as fraud.
--- If company B is interested in you, you can join them by H1 transfer, or by EAD, nothing fraud in this, H1 transfer is better because if due to any reason I-485 is denied you will have H1 to work and stay, and once you join B start New LC as back up, request A not to revoke I-140 and inform them BCIC has no low that they MUST revoke I-140, company A can help you to continue GC

Is there anything I can do to convince them that it is not ?? or is it ?
--- Request A to respond to any RFE for I-140 and not to revoke it, Company B should be able to give you a permanent Job offer letter (later stage, after 18-20 months when I-485 is near to approval or when BCIS sends RFE)
---You should try to get the I-140, I-485 filing receipts and copy of approved LC from past employer that will help your New Lawyer to draft new letter according to your skills on LC for AC21
---- Read below for concurrent filing and AC21:
http://www.murthy.com/UDportis.html
and update on AC21
http://www.murthy.com/ukac21.html

 

[dbneedshelp]

One small detail I forgot to mention. I only have till february 2004 for my H1 (that's 6 years).. So I don't have enough time to start a new GC process.

If I transfer H1 to company B .. that will just confirm to INS that I have left Company before the 180 days.

 

[ginnu]

One small detail I forgot to mention. I only have till February 2004 for my H1 (that's 6 years).. So I don't have enough time to start a new GC process.
-- ---You can get 7th year H1 extension as you have pending I-140 or your LC for past employer was filed before 365 days.

If I transfer H1 to company B .. that will just confirm to INS that I have left Company before the 180 days.

---If you transfer H1 to company B, it does not matter to BCIS for your GC, you can be working with B, GC is for the Future job.

---If I am in your position I will do the following
Request Past employer not to revoke I-140 will join new employer by H1 transfer and in October-November2003 I will file for 7th year H1 extension (Proof of Filing I-140, OR SESA receipt when your LC was filed are only needed). Once I join new employer I will request him to file new LC as back up, if I-485 from past employer crosses 180 days after I-140 approval you may be safe for AC21