LaidOff/140aprroved/AC21/No FP

R

ramavataar

Registered Users (C)
hi! Gurus,

1) company A filed for GC, A went bankrupt
2) Joined B on H1 transfer
3) Got approved 140 for A, filed 485 myself
4) Joined C on EAD

My ND for 485 is 04/23/02 but didn't got FP notice yet, should I send fax enquiry or wait some more time? I am in San Jose, CA

please suggest,
Rama
 
Did you send letter of employment with your application? If not, you will get an RFE and I think RFEs will have to be dealt with first before BCIS will proceed with FP.

Originally posted by ramavataar
hi! Gurus,

1) company A filed for GC, A went bankrupt
2) Joined B on H1 transfer
3) Got approved 140 for A, filed 485 myself
4) Joined C on EAD

My ND for 485 is 04/23/02 but didn't got FP notice yet, should I send fax enquiry or wait some more time? I am in San Jose, CA

please suggest,
Rama
Click to expand...
 
Is that a process

hi!,

Is that the process, at what stage they do FP? I guess people who filed near 04/23/03 didn't get FP notice yet.

any suggestion would be greatly appreciated

Rama
 
Re: Is that a process

I don't think fp is depend on I-485 or REF status, FP is depend on the address you gave in your I-485 application, sometime in your area immigration office is swamp with other work, they don't have immidiate fp time avaialable, but i would better call INS (IIO) and ask them about fp status.

I hope this help

JB

Originally posted by ramavataar
hi!,

Is that the process, at what stage they do FP? I guess people who filed near 04/23/03 didn't get FP notice yet.

any suggestion would be greatly appreciated

Rama
Click to expand...
 
How did you file your 485? I think you need company A's employment letter. How could they give it to you after they went bankrupt?
 
Ramavataar: Try to maintain your H1 status till your I-485 is not approved


Yee Man Chan:

I hope he Filed I-485 with out the employer letter
You started the other thread that one can file for I-485 with out Employer letter and many took the RISK of filing based on previous employer I-140 and no employer letter. now you are asking him/her that one needs the Employer letter. It was you who posted that one can take chance of filing I-485 and Employer letter will be checked only at final stage of I-485 and one can send the new employer letter and AC21 when he/she will recieve RFE
But recently BCIS cracked this practice filing with out employer letter they check all the papers.

I hope you changed your opinion after reading Muthy Bulletin that NSC and CSC has denied the few cases, where the old employer revoked I-140 after 180 days of I-485 pending
and I-140 revoked before 180 days and I-485 pending more than 180 days.

all were posting here that if 180 days crossed after filing I-485 one can get GC, even if employer revokes I-140, many posted if I-485 pending more than 180 days Employer can not revoke 140.
Recent trends show different scenario, because BCIS has no final regulations only one AC21June Memo
 
Last edited by a moderator:
Originally posted by ginnu
Ramavataar: Try to maintain your H1 status till your I-485 is not approved


Yee Man Chan:

I hope he Filed I-485 with out the employer letter
You started the other thread that one can file for I-485 with out Employer letter and many took the RISK of filing based on previous employer I-140 and no employer letter. now you are asking him/her that one needs the Employer letter. It was you who posted that one can take chance of filing I-485 and Employer letter will be checked only at final stage of I-485 and one can send the new employer letter and AC21 when he/she will recieve RFE
But recently BCIS cracked this practice filing with out employer letter they check all the papers.

I hope you changed your opinion after reading Muthy Bulletin that NSC and CSC has denied the few cases, where the old employer revoked I-140 after 180 days of I-485 pending
and I-140 revoked before 180 days and I-485 pending more than 180 days.

all were posting here that if 180 days crossed after filing I-485 one can get GC, even if employer revokes I-140, many posted if I-485 pending more than 180 days Employer can not revoke 140.
Recent trends show different scenario, because BCIS has no final regulations only one AC21June Memo
Click to expand...

My understanding of this situation is that at the time of filing I-140 and I-485 EMPLOYER SHOULD HAVE THE INTENT (and the means) TO EMPLOY the beneficiary for a permanent position. If the company went bankrupt before filing I-485, then such an intent is clearly not there and BCIS can deny the petition.

180 day rule applies only when the initial I-485 petition was made in good faith.
 
small correction

Thanks all Gurus for advice,

Actually company closed after my filing of I-485, I didnot attach employment letter and actually A's legal lawyer helped me file but he did not put his name on filing. According to him its worth taking risk.

& they did not revoke my I-140, still when I check AVM it states that this case was approved on such and such date.

B company is trying to cancel my H1, they terminated me because desi bhai could not pay me after my contract with client expired.

I joined C on EAD, work area/salary/title is all same for A & C.

If my 485 is denied, do i have to pack immediately or I can ask my employer C to file for H1-B?

Please suggest what else can be done at this moment.
 
“If my 485 is denied, do I have to pack immediately?
--- YES, because you wont have any other status to stay in US

Or I can ask my employer C to file for H1-B?

---Request your employer to file for NEW H1 for you, once it is approved go out of US and get H1B Visa sticker stamped in your Passport and get new I-94 at POE with H1 status and then start working on H1. One can have I-485 pending and still apply for H1.
Better talk to good Immigration lawyer, I am not lawyer and I may be wrong.
 


Yee Man Chan:

I hope he Filed I-485 with out the employer letter
You started the other thread that one can file for I-485 with out Employer letter and many took the RISK of filing based on previous employer I-140 and no employer letter. now you are asking him/her that one needs the Employer letter. It was you who posted that one can take chance of filing I-485 and Employer letter will be checked only at final stage of I-485 and one can send the new employer letter and AC21 when he/she will recieve RFE


My post in this thread is mostly out of curiosity whether he used my "trick" or not. I think I outlined the pros and cons of this approach very clearly in the thread. Let's cross our fingers and wish they get their GCs.


But recently BCIS cracked this practice filing with out employer letter they check all the papers.


It is a good thing that they now fill up the hole. :)


I hope you changed your opinion after reading Muthy Bulletin that NSC and CSC has denied the few cases, where the old employer revoked I-140 after 180 days of I-485 pending
and I-140 revoked before 180 days and I-485 pending more than 180 days.

all were posting here that if 180 days crossed after filing I-485 one can get GC, even if employer revokes I-140, many posted if I-485 pending more than 180 days Employer can not revoke 140.
Recent trends show different scenario, because BCIS has no final regulations only one AC21June Memo

First of all, it is a fact there were cases approved even after I-140 was revoked. Apparently there were cases that is not the case. Using these two facts, we should try our best to avoid revocation from ahppening. If it does happen, then we should consult those positive cases and try to appeal the case. One thing good about this forum is that you can learn about some real cases for free instead of just listening to your lawyer who may or may not have your interests in their mind.

ramavataar: If you are denied, you can appeal. This is one of the benefits of filing 485 over CP. Also, keep us updated with your case. It will be helpful to many people.

Good luck!
 
ramavataar:

If BCIS is going to deny I-485:
1 Then they will send RFE or Intent to Deny to you or your lawyer
2 your Lawyer can file for Motion to Reopen
3 If Motion to reopen denied then go for Appeal, remember the appeal takes a long time and Expenses. If Appeal is denied then the time you spend in US after filing appeal will be counted as unlawful stay in US.
Keep any proof that company closed after filing I-485 that will go in your favor, as you don’t have any option but to join a new employer in similar occupation and your Lawyer can argue to BCIS if your case is transferred to local BCIS office or when RFE is generated

I am not Lawyer, when the time comes hire a good lawyer.
For safety request your employer to file New H1 and go out US and Get Visa and new I-94 based on H1b and start working on H1, if denial due to any reason for I-485 you will have H1 status to stay back, if possible request your new Employer to file new LC as back up.
Good Luck!!
 
how do i know if H1 is cancelled

Thanks dears,

How do I know if my employer has really cancelled my H1, i check on AVM with WAC # it still says that this case was approved

I just joined the company so I just want to stay like this for some time because i guess my case is still not assigned
ND 04/23 also FP is yet not done, once case is assigned FP will be asked, even for some filers FP is not scheduled those who filed during that time ND 04/23

I am planning to talk to some lawyer any suggestion?

Rama
 
But the original Q remains

hi!,

My FP is not called yet, what should I do in this scenario, I belive there are some more people suffering those who filed around 04/23/03

Can new H1 or transfer can be done after working on EAD?

-Rama
 
No. Once you work on EAD means You have lost your H1 status. To get H1 status again you have to go out of county without using AP. If you do so some time INS feels you are abandoning the your (Going out of country without AP). If you apply for H1 There is no problem for GC unless your employer inform INS. You may apply H1 to test the market. And any way GC is for future Employment.

Do not worry about FP. It will come. It is really not a big issue. Apply for H1. IF you confident enough that your green card will approve, you can use EAD. But it should only last solution.
 
I am on EAD

hi!,

I am already working on EAD, if I go out of US without AP doesn't it mean I abandon GC? Do i have go India in case of new H1 and any country if its H1 transfer?

Rama
 
Re: I am on EAD

Originally posted by ramavataar
hi!,

I am already working on EAD, if I go out of US without AP doesn't it mean I abandon GC?
YES

Do i have go India in case of new H1 and any country if its H1 transfer?
IF YOU ARE IN STATUS FOR ALL THE TIME (REMEBER ADJUSTEE IS ALSO LEGAL STATUS) THEN I THINK TO GET H1 STAMP IN PASSPORT YOU HAVE TO GO OUTSIDE USA, NOT NECASSARY TO INDIA, ONE OF MY FRIEND RECENTLY GOT FIRST TIME H1 STAMP FROM MAXICO AFTER HE FINISH STUDY ON F1

i HOPE THIS HELP.

JB

AND i AGREE WITH tammy2 @ FP, I WOULD SUGGEST CALL INS TO FIND OUT ABOUT FP, BE CAREFUL TO NOT MENTION ANY MESS ABOUT AC21


Rama
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