most unfortunate case

aqaqaqaq

Registered Users (C)
worked for a company nearly 3 years, 140 approved, 485 pending over 180 days, laid-off, after one month, 485 approved, without RFE. after another month, found a similiar job.
Accord to the new memo(05/12/05), this Green Card is invalid.
The immigration law is so ridiculous.
Any person who filed 485, you should try to find another job immediately, because if the employer lay off you just around 485 approval, the Green Card will be invalid.
No-sense.
 
Why ??

Why should GC be invalid ?
This memo is only for AC-21..
since you have a green card, you do not need to invoke AC-12..

-pdd123
 
the Green Card only valid under AC21, but ..

the new memo says it is invalid.
Because once your Green Card is approved, you have to work for the sponsoring company or new AC21 company.

If the sponsor company lay off just one day before the 485 approval, in reality, the applicant has no way to find a new job.
 
"the new memo says it is invalid."
Where does it say that it is invalid ?
can you please post the relevent portions ?

"Because once your Green Card is approved, you have to work for the sponsoring company or new AC21 company. "

NO..You should have the INTENTION of working for the petitioning employer once the GC is approve.You had the intention. BUT they laid you off.
And you never invoked AC-21

So I think you are safe there.

--regards
pdd123
 
I hope you are right.

but based on my interpretion of the law, you are wrong.
Before AC21, if the applicant does not work for the sponsor company for any reason, the GC is invalid even if it is the sponsor company's fault.
Now, the ridiculos part is that you can change job before 485 approval. but cannot change job right after 485 approval if the sponsor company lay off you.
 
"Before AC21, if the applicant does not work for the sponsor company for any reason, the GC is invalid even if it is the sponsor company's fault"

Don't understand this part..

Also, why are you bringing AC-21 into this ?
It is the portability of I-140
it is only to be used if your 485 is not adjudicated..

both your I-140/485 are approved..

You just get a new job on the basis of your GC..
So relax and don't worry..

-pdd123
 
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Why don't you consult with your attorney if you don't want to give up your GC so easily. Don't just make conclusion basing on your own assumption ,since you are not a lawyer ,which could be not precise and wrong.

aqaqaqaq said:
but based on my interpretion of the law, you are wrong.
Before AC21, if the applicant does not work for the sponsor company for any reason, the GC is invalid even if it is the sponsor company's fault.
Now, the ridiculos part is that you can change job before 485 approval. but cannot change job right after 485 approval if the sponsor company lay off you.
 
pdd123 said:
"Before AC21, if the applicant does not work for the sponsor company for any reason, the GC is invalid even if it is the sponsor company's fault"

Don't understand this part..

Also, why are you bringing AC-21 into this ?
It is the portability of I-140
it is only to be used if your 485 is not adjudicated..

both your I-140/485 are approved..

You just get a new job on the basis of your GC..
So relax and don't worry..

-pdd123

--- why you want him to relax??? then how he will do the interpretion of law???? all are wrong, USCIS is also wrong,world is wrong, earth is flat according to him immigration law is also garbadge and let him interpreate it and rewrite it, nobody should disturb him, listen what he says, belive what he says becase he belives it and if possible agree with his interpretion, why you people dont agree with him ??? :) :p :confused: :( ;) :D :rolleyes: :cool: :D
 
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Ginnu

I like your reply..

Nothing like a little bit of good natured humor to make us feel good..

regards
-pdd123
 
Whats the purpose of GC, if new law says that you have to stick with sponsoring company forever...I need GC just to get myself out from human slavery... :confused:
 
usa_gc_waiting said:
Whats the purpose of GC, if new law says that you have to stick with sponsoring company forever...I need GC just to get myself out from human slavery... :confused:
I wasted three + years on this :mad:
 
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