May 2003 140 question

S

shenoym

Registered Users (C)
All,

I am a silent reader of this forum. Now I need some advice and guidance.

My I 140 and 485 concurrently in Vermont center was filed in May of 2003, I have recieved my EAD and AP. My wife's EAD is approved. Few days ago I came to know that my job was at the risk. I approached the management and was able to negotiate 1 year leave of absence i.e I will be in company records till August 2004. Now my concerns are as follows

a) Will my I 140 get approved by August 2004, my RD is May 19 2003. considering the current sluggishness I am not sure about it

b) My Lawyer said that Aug 4 BCIS passed a new memorandum that an individual can use the Law of portability provided the I 140 is approved and 485 is pending for 180 days even after approval of I 140.

c)Thinking of finding a job in similar area and wait for the fate to take its turn

Not sure what to do now, I need some advice from you all
Thanks in Advance
 
Taking into consideration the present processing speed, you I140 will definitely get cleared by that time frame. Dont worry it will pick up speed after october. You have got a good time window in hand.

msomani
 
I think leave of Absence is not valid with H1

I remember reading in immihelp.com or somewhere that leave of absence is not valid with H1. I am not sure if leave absence is valid with EAD.

Even if EAD is available one needs to file W-9 or something with the company to make sure he is working on EAD.


Double check with your attorney about the two points.
 
Please give me details

Hi,
Can you please give me details about "My Lawyer said that Aug 4 BCIS passed a new memorandum that an individual can use the Law of portability provided the I 140 is approved and 485 is pending for 180 days even after approval of I 140.
"
My 140 and 485 applications were applied concurrently on 06/12 and I think I can just keep this job till 12/15/03.

I was under the impression that we can change jobs after 180 days evn though I-140 is not approved. BTW my attorney received an RFE on my I140 on July 21 and responded back on 08/12/03.
Please give me details about the law that BCIS has passed on Aug 04.
Your help highly appreciated.
:-)
 
Re: Please give me details

I am still confused about my Lawyer advise. I read in almost all memos, no where they have mentioned that we cannot change job before 180 days of 485 pending after I 140 approval. It is mentioned in memos that alien can work in another company after I140 is approved and 485 is pending for 180 days. Most of the concurrent filers will satisfy this criteria, because of-late I 140 is taking 15 months and 485 will be pending for same amount of time. Can any pundits throw some light on this

Thanks
:confused:
 
Originally posted by Marais
Hello.. gc_anu

Click on below link to get more information...!!!

http://www.murthy.com/UDportme.html
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Will somebody help me to interpret the below memo

"New Job Must Be "Same or Similar"

The Memo states that if the I-140 petition has been approved and the I-485 applicant takes a new job in a "same or similar" position after the I-485 application has been pending 180 days or longer, then the underlying I-140 petition remains valid under AC21. In a footnote, BCIS mentions that the underlying Labor Certification also remains valid if the same conditions are satisfied.

If the I-485 has been pending fewer than 180 days, then the approved I-140 petition shall not remain valid and shall not entitle the foreign national to work with a new employer or in a new job under AC21. "

Does this mean we are safe once I 140 is approved and 485 will always be pending for more than 180 days for concurrent filers

OR

Is 180 days of 485 pending after I 140 approval, meaning that BCIS will not count the 485 pending time before the approval of I 140.

Can any one pl clarify this rule

Thanks
 
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