legal gurus AC 21 Portability Imp question

[functionalalert]

Gurus,

Pls help.

I am applying for 485 140 applied a few months ago.I knwo ac21
means that I can leave employer after 1-40 approved and
1-485 180 days from date of receipt at ins.

my questions are specific and the answers you provide will help all of us

1. after 180 days and approved i-140 i leave my job to go to school full time with intent to get a similar job before gc final approval to finish my mba. is that legal?

since i have ead I can work for anyone and I KNOW that I am in status since a I-485 application is pending. is not working for anyone during that time . there will be a gap of 1.5 years.

or what happens if 6 months are over and get laid off.can process still continue

 

[TheRealCanadian]

Originally posted by functionalalert
1. after 180 days and approved i-140 i leave my job to go to school full time with intent to get a similar job before gc final approval to finish my mba. is that legal?

It is legal, but may not be practical.

Under the August 2003 Yates memorandum, there is now a clear procedure in place for when an employer withdraws an approved I-140. USCIS will issue a Notice of Intent to Deny (NOID), and this may be your problem. If you get an NOID, you have only 30 days to respond with evidence of a future job offer.

Hypothetically, if your employer withdraws the I-140 support, we don't know of USCIS will just let this sit, or immediately act upon it - so you may not have 1.5 years to wait until ajudication. You might get the NOID a few weeks after you leave your job, with only 30 days to find a new one.

Something to consider.

 

[functionalalert]

real canadian thanks for useful info

however what if i pre empt the employer by informing the INS and the employer and the employers attorney that I have left under the provisions of ac21 and it is legal and valid. why will they bother withdrawing the i-140 then?

does the 30 day evidence rule mean that i should be on the payroll of the employer or the EMPLOYER OFFERS ME FUTURE EMPLOYMENT with full intent in good faith and i with full intent agree to join the employer.

note: this is not trying to circumvent any law,just trying to continue education while pursuing freedom from the terrible torture that we are being out through

thanks for your feedback

 

[functionalalert]

another question

based on the above statement from real canadian

"Under the August 2003 Yates memorandum, there is now a clear procedure in place for when an employer withdraws an approved I-140. USCIS will issue a Notice of Intent to Deny (NOID), and this may be your problem. If you get an NOID, you have only 30 days to respond with evidence of a future job offe"r.


my question now is after leaving employer A fully in accordance with AC21,i join employer B and inform INS and this is a permanent job. what if something changes after that. example I am laid off or I engage in a clintonian type relationship with his girlfriend or wife and employer b finds out, and he promptly fires me. he has no knwoledge of my prior filign status with INS,so employer B cant withdraw what he does not know and employer A has already been notified that i have joined B under AC21.

there is now no one to withdraw anything.

now there is no employment and the adjudiction to due to the slow system in place is now still over 1.5 years. what are my options:

1. as i mentioned earlier go to school ead and i-485 allow status
YES/NO

2. collect welfare (bad idea and i dont beg for free money)
NO

3. sit on my ass and wait can thy deny me now since 180 days are over and the second job was accepted in good faith

NO they may RFE me

4. during the months before adjudication,if i find a job. (trust me I am talented and have served and kissed ass on many teams of some of the worlds largest companies,if there isa job cna get it especially with ead card

if they rfe . CAN THEY LEGALLY QUESTION WHAT I DID BETWEEN JOB 2 AND job 3 the gap of one year.

sorry for the logn message,its just that i am tired of being repressed by a system that is inhuman and unfair to legals while freely allowing illegals to work here without any hassle

 

[TheRealCanadian]

Re: real canadian thanks for useful info

Originally posted by functionalalert
does the 30 day evidence rule mean that i should be on the payroll of the employer or the EMPLOYER OFFERS ME FUTURE EMPLOYMENT with full intent in good faith and i with full intent agree to join the employer.

The 30 day rule means that you need to respond back to USCIS with evidence of a future job offer. Do you have another employer willing to hire you?

Why would the revoke the I-140? I don't know. Because they felt like it? Because they are under an erroneous impression that the I-140 is like an H-1B and they need to pay you until they inform USCIS that it is withdrawn? Who knows - all I'm attempting to point out to you is that if the do withdraw it you need to make sure you have another job offer. If you plan to go to school full time, that may not work.

By the way, AC21 allows you to switch jobs, not just quit.

 

[TheRealCanadian]

Re: another question

Originally posted by functionalalert
he has no knwoledge of my prior filign status with INS,so employer B cant withdraw what he does not know and employer A has already been notified that i have joined B under AC21.

OK, here's a hypothetical scenario: you send USCIS the AC21 letter when you switch jobs, and USCIS sits on it for a year, then sends out a boilerplate employment verification RFE. What now - you have no job (although you do have 90 days to find one).

All I'm trying to say is that USCIS is unpredictable, and can veer from incredibly inefficient to lightning fast.

1. as i mentioned earlier go to school ead and i-485 allow status

You can go to school full-time, but if you get RFE or NOID you need a fallback plan. (ie. employment offer)

2. collect welfare (bad idea and i dont beg for free money)

Legally, you may not be eligible in your state. Either way, welfare is a clear public charge issue and can cause your adjustment to be denied.

3. sit on my ass and wait can thy deny me now since 180 days are over and the second job was accepted in good faith

They can deny you if you don't have an employment offer at the time of I-485 ajudication, no matter what happened.

if they rfe . CAN THEY LEGALLY QUESTION WHAT I DID BETWEEN JOB 2 AND job 3 the gap of one year.

They can legally ask you what you did, but if you went to school full-time that is OK.