need help case transfered to newark

G

gkrishna999

Registered Users (C)
I think My case is complicated.
When I was working with company ' A' they filed labour but while it was pending I moved to Company 'B'
Company 'A' promised me that they continue green card. They are doing it.
But my case was transfered to newark on Sep 14 th.
Will it be a problem? What are they going to ask me? I need advice from some one.
I 485 ND JAN 28 ,2003
FP2 AUG 24TH 2004
 
Krishna,
Take it easy.....transfers happen all the time. Are you still working for Company 'B'?. One thin you have to ensure is that your current job responsibilities are similar the one on your GC. You need to be ready with your tax returns and paystubs...etc...
Are you working on EAD..what exactly is your status with your new company...without this information..it is difficult to advise you further...

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I am on H1 with company 'B'. I am not using EAD though I have approved EAD from company 'A'. When we filed 485 COMPANY 'A' gave letter that they are going to take me after 485 is approved. Let me know if you need any other information.
 
You can get employment letter from your company B and bring it with you along with current paystubs, tax returns, w2 forms, etc. as a part of AC21 system.

By the way, when did you change your job after you file your 485? I hope you changed your job 180 days after your 485 was filed. It is a part of AC21 rules. Also is your current job similar to your past job where you filed your 485? If you changed your job within 180 days, not sure if it is a big problem, but surely they would ask for your company A's employment letter and they will ask you if your company A is willing to hire you at the time of your 485 approval so you have to make sure to ask your Company A to rehire you at the time of approval if you changed your job within 180 days of your pending 485.

Also, I see you don't use your EAD.. Did you have H1 with your company A? When you changed your job and started with your company B, did you file your new H1 (or transfer H1) with your company B? I am trying to figure out why your case was transferred. Were you out of status in the past? Are you 245i applicant?

Don't worry. You will be fine. If you have your lawyer, you can ask questions and get prepared for the interview. Don't wait at the last minute.
 
I think AC21 does not apply to me.because
I changed from Company 'A' to 'B' while Labour is in pending .
I have H1 from company 'B'. I was not out of status. Company 'A' will rehire me after getting green card. Company 'A' gave letter like that when we filed I 485. Company 'A' will support me. I do not have any problems with Company 'A' I can get supporting letters from Company 'A'
 
gkrishna999 said:
I think AC21 does not apply to me.because
I changed from Company 'A' to 'B' while Labour is in pending .
I have H1 from company 'B'. I was not out of status. Company 'A' will rehire me after getting green card. Company 'A' gave letter like that when we filed I 485. Company 'A' will support me. I do not have any problems with Company 'A' I can get supporting letters from Company 'A'
Click to expand...

I'm not an expert but as long as "A" is supporting you, you should be fine. Of course, this means that "A" intends to hire you after you get the GC and you intend to work for them (for at least 6-12 months). And, obviously, you will be hired to do the job specified on the LC / I-140.

The GC is for a future job so what you did in the meantime shouldn't be a problem, as long as you were in status during that time (and even then I think you are allowed 180 days of being out of status). As far as I know you don't even have to be in the US / employed at all while the GC is pending.

The transfer to the local office is probably just so that they can verify these facts.

How / whether AC-21 can apply here is unclear to me. You obviously didn't qualify for AC-21 at the time that you started working for "B", but maybe you do qualify for it now as long as the I-140 is approved and the I-485 is pending for > 180 days (the I-140 having to be approved requirement might even be on its way out)... :confused:

ETA
 
Then you are fine as you said your company A will rehire you. That's good. You are ready. Get prepared to gather all documents like 485 applications, paystubs, w2 forms, tax returns, employment letter of your company A, employment letter of your company B (just be safe in case of officer asking for it), copies of your passport, visa status, h1 approval notices, your EAD, photos, ap, copies of your college degrees and educational background, birth certificate, etc.

Just relax and have fun. Don't worry too much.

Good luck on your interview.
USGC485
 
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