Laid off. Status : Got EAD, Waiting for I-140 and AP.

B

BhatlSingh

Registered Users (C)
Hello, I am a very nervous about my status. My I-140 was filed along with I-485 in the middle of August 2007. My I-485 notice date is 9th Oct 2007. I got my EAD card. Waiting for my AP ( I was told that my AP should come anytime soon.) But unfortunately I got laid off. I am in my 8th year extension.

Just to make sure : I was told that I don't have to go back. Is that right ?

Am i safe to apply for a new job using AC21 after mid-Feb 2008 ? My old company said they won't cancel my pending I-140. But asked me to pick up my GC processing with the new firm that I would join. Can anyone please explain what i need to do once i join the new job ?

Thanking you
BhatlSingh
 
You are now under AOS so your status is fine.

The most important thing is to keep your I-140 going. Make sure your old employer doesn't withdraw it (talk to the attorney, not just HR who often has no clue). Make sure they respond to any RFE regarding I-140, which might be hard to convince them but it is a must. Then wait for 140 approval and 180 days before joining new employer.

You should read more on AC21.You might also want to talk to an attorney (or the lawyer at your new job), since your case may be a little complicated.
 
Zgreen, Thank you very much for the tips and the link. I did speak to the person from Legal and Immigration dept who was handling my case and she did say that the company doesn't plan to cancel the I-140. However, as you advised, I would request her to respond to any RFE regarding my I-140 and hope she obliges.
She however mentioned that i could straight away join the new employer after 180 days of filing for my I-485 (which is mid Feb) but didn't say anything about I-140 approval. Do i need to wait for my I-140 to be approved ? Based on the link, i see the following statement

AC21 Portability Requirements

The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met:

* New employment must be the "same or similar" occupational classification;
* Form I-140 has been approved, or is approvable when filed concurrently with I-485;
 * Form I-485 has been pending for at least 180 days.


Does that underlined statement imply that i meet the AC21 portability requirement ?
Thanks again,
BhatlSingh
 
Last edited by a moderator:
You don't need to wait for the I-140 to be approved in order to change jobs.

But you would live with the risk that if the I-140 is ultimately denied (employer failing to respond to RFE within the deadline for responding could result in denial), your I-485 would be denied. Note that notifying the USCIS of your job change could prompt them to send an RFE about the pending I-140.
 
Last edited by a moderator:
Need Info

I applied for my EAD and AP around November 9,2007 at Vermont Service Center.I have not recieved ead and AP yet.I need to know when should I expect my ead and AP to be approved?



Thanks
 
90 days is the standard maximum timeframe for EAD. If it has been longer than that without being approved, you have right to get it expedited.
 
Thanks for the info..

Can you please tell me how do I go about expediting the process?


Is there any 800 # where I can call up?


Thanks..
 
Thanks for your response. So would it be alright if i sit at home without a job till i get my I-140 ? Also, once i get my AP, can i go to say India and work there till i get my I-140 ? I guess if i register for unemployment benefits it may trigger RFE about pending I-140.

Thanks
BhatlSingh
 
You can sit at home if you want, but if you don't have a "same or similar" job or job offer you're in trouble if USCIS inquires or takes other action on your case.

When you reenter the country using AP, and get sent to the secondary inspection room (which is a routine occurrence when you use AP), you may get interrogated in that room about many things including your employment situation.
 
Jack, Thanks again. I am trying to evaluate which option is better ?
- Take up a new ("same or similar") job after mid Feb (180 days after my receipt date which is mid Aug 07) and file for AC21 and trigger a possible RFE before my I-140 gets approved.
- Wait patiently till i get my I-140 is approved and then take a (similar) new job.

Another question that popped up in my mind is : After 180 days of pending I-485, if USCIS raises an RFE and my old firm doesn't respond, would my I-485 case be rejected ? How would that be different from say after 180 days, my old employer tries to revoke my pending I-140 ? I read that, this will not affect the I-485. Is that right ? If yes, how could this be better than an unresponded RFE leading to rejection of I-485 ?

Also, who does USCIS send the I-140 letter ? Is that my old employer who gets it ?

One more... What does LUD stand for ?

Many thanks...
 
Last edited by a moderator:
BhatlSingh said:
Jack, Thanks again. I am trying to evaluate which option is better ?
- Take up a new ("same or similar") job after mid Feb (180 days after my receipt date which is mid Aug 07) and file for AC21 and trigger a possible RFE before my I-140 gets approved.
- Wait patiently till i get my I-140 is approved and then take a (similar) new job.
Click to expand...
How about a third option: take the "same or similar" job as soon as you can, then wait for 180 days and I-140 approval to notify USCIS.

Another question that popped up in my mind is : After 180 days of pending I-485, if USCIS raises an RFE and my old firm doesn't respond, would my I-485 case be rejected ? How would that be different from say after 180 days, my old employer tries to revoke my pending I-140 ? I read that, this will not affect the I-485. Is that right ? If yes, how could this be better than an unresponded RFE leading to rejection of I-485 ?
Click to expand...
If 180 days since I-485 filing have passed and the employer asks to revoke the pending I-140, USCIS is still supposed to approve it if the available evidence indicates it is approvable and you provide the AC21 documentation. But if they send an RFE, it means the available evidence is not sufficient for approval, and they will reject it if they don't receive adequate supporting evidence. In such a case, they would reject it even if you are with the same employer.

See this USCIS memo: http://www.shusterman.com/pdf/ac21-51205.pdf
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:

A. Review the pending I-140 petition to determine if the preponderance
of the evidence establishes that the case is approvable or would have
been approvable had it been adjudicated within 180 days. If the
petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on
it’s merits. Then adjudicate the adjustment of status application to
determine if the new position is the same or similar occupational
classification for I-140 portability purposes.

B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Click to expand...
So after 180 days if the I-140 is still pending, you would only be in big trouble if USCIS chose option B and the employer didn't respond.
Also, who does USCIS send the I-140 letter ? Is that my old employer who gets it ?
Click to expand...
It is always the employer who gets RFE's about the I-140, not the employee. But you would get the RFE or NOID about your I-485 if the employer requests a revocation, provided that you have revoked (or never signed one) the G-28 in order to stop the company's attorney from continuing to process your I-485.
 
Last edited by a moderator:
Jack, Thank you for your responses ( to the previous one too.).

I created a portfolio of my I485, AP and EAD ( which i have received already and see that the website says so)

Here is my status
LUD on I485 : 11/23/2007 and says the following
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On October 9, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


Is there a way i can check the status of my I-140 on this site ? I don't have any doc from my ex-company lawyer that gives any info about my I-140. All they said was that I-140 was filed ( date of filing was around 2nd week of June 2007). I see the I-140 processing Timeframe at Nebraska center is 6th Apr 2007 as of Dec 14th 2007. I feel like a big idiot dug up in work and being so careless about my GC processing that i didn't even back up my old emails. I just hope all goes well.
 
BhatlSingh said:
Is there a way i can check the status of my I-140 on this site ? I don't have any doc from my ex-company lawyer that gives any info about my I-140.
Click to expand...
Ask the company for a copy of the I-140 receipt, or at least to tell you the case number. Once you have that number you can track it online just like with your I-485.
 
Jack, Thank you very much.
I just spoke to the person handling my immigration at the previous company and they said my I-140 just got approved. They sent me my receipt number. What a relief i feel now. So now, I am to wait for the 180 days and pick up the new job without any issues.

My sincere thanks to all and especially Jack for having responded on my queries. This meant a lot to me.

One more question that popped up in my mind is : Is it better to join as a full time or can i work as an independent consultant ? Is that a good idea now ? I wonder how that would affect my I-485 processing ?
 
Last edited by a moderator:
You must log in or register to reply here.
Top