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layed off before 180 days of filing 485?
- Thread starter immi_09
- Start date
immi_09 said:I applied for 140/485 concurrently but got layed off before 180 days of applying 485. now it's been 10 months and my 140 is also approved. am I ok here?
----- find the new job ASAP, remember your employer can revoke I-140 becase I-485 has not hit 180 days, if you still have H1 status try to join new employer with H1 transfer
I'm not planning to apply for ac21 but wait for an RFE and then to respond.
any thoughts?!
--------once I-485 hits 180 days then you will become eligible to use AC21, when join new employer clear with him that you will need AC21 letter for future permanent job offer any time.
* if possible try to request your past employer not to revoke approved I-140, if you think they will not revoke you will be OK, try to get I-140 filing reciept, I-485 filing reciept and approved LC copy from lawyer or employer
thanks
Hi, I found permanent job only withhin a month of layoff (this was last november). SO I'm with my current employer for last 7 months . I was without a job only for a month. The thing s I joined new employer on H1B only but I started with new employer before 180 days passed and before 140 got approved. 140 got approved last month, so now I'm wondering if I can use AC21 and shift my 485 to current job?
and if yes, should I apply explicitly or wait for RFE in ur opinion?
and if yes, should I apply explicitly or wait for RFE in ur opinion?
immi_09 said:Hi, I found permanent job only withhin a month of layoff (this was last november). SO I'm with my current employer for last 7 months .
I was without a job only for a month.
---That is not a problem
The thing s I joined new employer on H1B only but I started with new employer before 180 days passed and before 140 got approved.
---That is also not a problem becase GC is for future job
140 got approved last month, so now I'm wondering if I can use AC21 and shift my 485 to current job?
------ Let your I-485 cross pending 180 days, once you hit 180 days from I-485 RD you are ok to use AC21, once I-485 has crossed 180 days I will send Intent change letter and new employer letter with I-485 filing reciept copy so that USCIS has update in your file and may not genearate RFE, becase with RFE they ask lot of papers to be submitted
and if yes, should I apply explicitly or wait for RFE in ur opinion?
----I will not wait for RFE, once I-485 hits 180 days I will use AC21 and will update USCIS.
immi_09 said:GINNU,
from what I heard, if you apply for AC21 then the change of getting RFE is extremly high then I'll have to submit all documentation anyway. Besides, people are saying I may not get an RFE. Still debating what to do about AC21.
I would suggest to go and inform voluntarily. Recent memos says that they expect you to inform. Besides that the name of the employer will be old employer's name if you get approval without an RFE. Until now no AC-21 cases have crossed five years. Hence no one knows how BCIS will consider this kind of cases at the time citizenship or GC renewal in which old employer name shows on the file even though approval is occurred after changing the job.
Tammy,
You said they expect us to inform them. But the memo you are talking about is it idrected toward us or is it an internal memo? my lawyer told me to wait for RFE, I personally feel it's risky but she says I should just wait. I feel I should apply for AC21 'coz it frees me from old employer and get me legitimately to where I'm right now. Guess I'll talk to my lawyer about this and may be ask her to apply for AC21.
thanks for all the help! you guys are wonderful!!
thank you!
You said they expect us to inform them. But the memo you are talking about is it idrected toward us or is it an internal memo? my lawyer told me to wait for RFE, I personally feel it's risky but she says I should just wait. I feel I should apply for AC21 'coz it frees me from old employer and get me legitimately to where I'm right now. Guess I'll talk to my lawyer about this and may be ask her to apply for AC21.
thanks for all the help! you guys are wonderful!!
thank you!