laid off<180, RFE, approved

A

ambit

Registered Users (C)
I'd like to share my experience here:

PD - 05/2000, RIR, EB2 (China)

RD - 04/2001

Got laid off just two weeks after the I-485 filing

Worked for a new employer from 07/2001 with new H-1

FP - 11/2001

Desperate waiting since several my friends who got the similar RD and FP got the approval around 02/2002...

RFE - 06/2002
Asked for the employment verification from my previous employer who sponsored my LC and I-140

Respond to RFE - 08/2002
Stating that I am working in the same job category, with similar job duties and salary, and the case hasn't been adjudicated for more than 180 days. It took a little while to prepare all the documents, because the coordination between the old and new lawyer.

Approved - 10/2002

Got passport stamped today (will post the stamp experience in another thread).
 
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Can I move to a new company after 180 days (2nd time)?

I have applied for 485 in Jan 2002 and got laid off after 180 days. 2 months back I got a similar job in the same location and joined using EAD. But this company is in a bit unstable condition and got another similar job in a better company.

Can I quit this JOB and move to new company? Do you see any problems to my GC processing?

I will appreciate your comments.
 
I would say that you have much better chance to get approval since you left your original sponsoring company after 180 days.
You on the safer side comparing to my case. You can fully utilize the AC21 I-485 portability, as long as you can prove that you are working at the similar area etc. But please consult your lawyer before making any decision if you can. (in my case, I didn't have choice.)
 
Thanks ambit for your feedback.

But did you see my question correctly, I am planning to move 2nd time (I already moved once after 180 days). Is it still a safe move?

I dont have access to current lawyer, I shall try to contact other lawyer.
 
Originally posted by a_v1
But did you see my question correctly, I am planning to move 2nd time (I already moved once after 180 days). Is it still a safe move?
Click to expand...

Yes, I did. But I don't think that would make any difference. There isn't any restrictions on how many times you can move, the important thing is your current status when INS determins your case, as long as each move is legal, which in your case is true, becasue you have EAD.

But again, only my thought, please consult a lawyer.
 
Congrats!!

Ambit,


:) Enjoy your new phase


a_v1,

There should not be any problem in switching as many companies as you want using the AC-21. In fact you can work for more than company also.

So you are fine. Stop worrying
 
question for ambit

You got RFE for EVL. They did not ask for any paystubs?

When you replied back to RFE, did you send them paystubs of your new company.
 
Re RFE

I am interested in your case because Im no longer w/ the company who sponsored my I-140. 180 days has been passed since filing of my I-485, I am working w/ a new employer w/ the same job description & position, did your lawyer submitted a leeter only explaining same job or did he file a new I-140 from your new employer? I appreciate your answer because I filed my !-485 by myself...Thanks...

My ND is Nove. 18, 2001 , WAC 02-043-***** so Im waiting for my approval...Thanks
 
Re: question for ambit

Originally posted by arun mehta02
You got RFE for EVL. They did not ask for any paystubs?

When you replied back to RFE, did you send them paystubs of your new company.
Click to expand...

The RFE letter only asked for the verification letter from the employer, which sould describe my poistion, job duties and the salary.

We prepared as much documents as possible to prove:
1. I was not intentionally leave my previous company. (Reduction in workforce letter, a few last pay stubs with that company)

2. My current position is similar as what I did before
- employment verification letter singed by the CEO
- pay stubs
- letter prepared by the lawyer to prove the point. i.e. comparing two jobs, and refering to the AC21 etc.

HTH.
 
Re: Re RFE

Originally posted by basc
I am working w/ a new employer w/ the same job description & position, did your lawyer submitted a leeter only explaining same job or did he file a new I-140 from your new employer?
Click to expand...

We just responded to the RFE to explain the similarity of my previous and current job. No I-140 has been filed from my new company, although we were parparing to do that in case the INS doesn't buy our argument (that would be painful...)
 
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