Need help !!! Ac21 portability

graphico

Registered Users (C)
GINNU,

here's my situation right now under 245-I and Labor cert., i was approved I-140 4/2009 i got my first EAD 12/2007-11/2008 my I-485 still pending now, i/spouse received again my EAD 10/2008-10/210. now last 7/2009 i received an RFE and on the RFE there are Three options.
1. Submit all of the evidence requested
2. Submit some or none of the evidence requested and ask for the decision based upon the record;or
3. Withdraw the application or petition (it is noted that if your request that the application or petition be withdrawn , the filling fee cannot be refunded.

my situation right now, my employer doesn't want to continue my petition. so i decided to apply other company but same POSITION AND SALARY. so what i did i replied to the USCIS and choose option #3. because that's what my lawyer said. so, after 3 weeks i got a letter that they acknowledge receipt of our request.Together with the DENIAL I-1485 for my spouse and child.
and then after a week i got a call from the new employer and interviewed me. luckily,they want to hire me and willing to continue my petition. same POSITION AND SAME SALARY. now I am ready to file what they called AC21.
Now, here's my question?

1. Do you think this new employer would save us?
2. since i have a new employer and ready to file ac21. is there any possibility that we can get denial decision ?because of letter that i sent?
3. If i file AC21 what is my time frame to get my green card and my spouse and child? my lawyer said that if the visa will open this october and i'm one of those in line
4. do you think my case is very complicated to solve? because i'm kinda stressed and worried :(:(:( with this situation... i really don't know what to do.and I'm hoping and praying so hard to get my green card. so that i can move on and plan a future for my kids.Please help me what to do.

Thank you
 
GINNU,

here's my situation right now under 245-I and Labor cert., i was approved I-140 4/2009 i got my first EAD 12/2007-11/2008 my I-485 still pending now, i/spouse received again my EAD 10/2008-10/210. now last 7/2009 i received an RFE and on the RFE there are Three options.
1. Submit all of the evidence requested
2. Submit some or none of the evidence requested and ask for the decision based upon the record;or
3. Withdraw the application or petition (it is noted that if your request that the application or petition be withdrawn , the filling fee cannot be refunded.

my situation right now, my employer doesn't want to continue my petition. so i decided to apply other company but same POSITION AND SALARY. so what i did i replied to the USCIS and choose option #3. because that's what my lawyer said. so, after 3 weeks i got a letter that they acknowledge receipt of our request.Together with the DENIAL I-1485 for my spouse and child.
and then after a week i got a call from the new employer and interviewed me. luckily,they want to hire me and willing to continue my petition. same POSITION AND SAME SALARY. now I am ready to file what they called AC21.
Now, here's my question?

1. Do you think this new employer would save us?
2. since i have a new employer and ready to file ac21. is there any possibility that we can get denial decision ?because of letter that i sent?
3. If i file AC21 what is my time frame to get my green card and my spouse and child? my lawyer said that if the visa will open this october and i'm one of those in line
4. do you think my case is very complicated to solve? because i'm kinda stressed and worried :(:(:( with this situation... i really don't know what to do.and I'm hoping and praying so hard to get my green card. so that i can move on and plan a future for my kids.Please help me what to do.

Thank you

graphico,
You didn't mention when is your PD, which lawyer told you to withdraw the petition...? is the previous company lawyer or ne w company lawyer,
I am not sure in this case what should it mean that you applied for witdrawl.
I would consult to a good lawyer in this case without doing any delay.
Technically my understanding is -- since your 140 is approved by prev. comp., if they don't revoke it, your new comp. have to do from labor again.
But I am not pretty sure, better consult with good lawyer.

Thanks.
 
What PD?
and my regarding the lawyer, my new employer they have this called in-house lawyer.who will do all my continuing petition, because for their protection. so i made an appointment to ask what to do and we come up to the option #3. but my EAD still Valid. so i don't know if i'm doing the right thing? what do you think????



graphico
 
What PD?
and my regarding the lawyer, my new employer they have this called in-house lawyer.who will do all my continuing petition, because for their protection. so i made an appointment to ask what to do and we come up to the option #3. but my EAD still Valid. so i don't know if i'm doing the right thing? what do you think????



graphico

PD means -- when did you file your labor cert..?
I guess by option#3 I wanted to mean going from labor again,
and your EAD is valid, but EAD validity comes based on I485 pending, here you withdrew it, that's why I am saying technically you are with I140 approved stage from prev. comp.
You are working with your present comp. lawyer, so what is his opinion, is he very good..? he would tell you better option and you told that you already consulted with him, so he should have told you all the possible ways to approach from this point. He has to be a good immigration lawyer though.

I wish you best of luck anyway.
 
Need help!!!AC21 portability

i filed my PD 2002 ,and my lawyer told me that i don't need to re apply for another I-140 for the new employer.and my new company has in- house lawyer and they want to handle my case once they hired me.




graphico
 
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