Need help on few issues..

S

sudiptabhaskar

Registered Users (C)
Friends,

Let me state my situation first, and then I have got few questions to clarify.

My I140 from my previous employer got approved after I got laid off. Joined another company and I will complete 6 yrs on my H1B1 after 16 months.

Now,

1. If my previous employer continues with my I485, and I tell INS after 6 months that I ahve joined soem other company! 1a) What are the pros and cons of that process. 1b) DO they call me for interview? 1c) Does my previous employer need to give them a letter stating that they intended to employ me in the future for all these days ? 1d) Do I have to tell INs about my new employer?

2. If I try to start my new GC with the new company, how would the original of approved I140 from the previous company may help me. I am hearing different version on this from different people and I really need an authorative answer on this.

3. As long as I apply for a new labor by April this year (6 yrs being completed by May 2004) I shoudl be fine to get one more year's of extension on my H1 right?

I appreciate and thank you all in advance.

Happy new year folks

Sudipta
 
1. It's tricky. You were laid off before 140 got approved and that could be a problem. If employer is ready to continue the GC process, a lot of people in past have just continued 485 after 140 approval and got GC approved. But that was past and god knows how this home land security will tighten the whole process.

2. If you start GC with new company then old 140 won't help you. Exception: one can use ac21 clause to get 140 and LC portability.

3. You will be fine with 7th year extention.
 
Thanks for the reply

In case of 1) Do I need to let INS know that I work with the other company now?

2) What is the ac21 clause?

Thanks again

Sudipta
 
Let me rephrase my question

1) Can I start my I485 without even letting the past employer know about it? Is there any consequence for that?

2) So unless I apply for I485 and pass the 180 days I can't use the approved I140 in any way to fasten the new process? I heard that showing the original I140 approval I can apply for I485 with the new company while the labor can be done parrallelly ?
 
1) You can do that but remember you don't know when you will need employer during the process. INS can come back and ask for anything. It's always better to have a good relationship with employer till you get your GC approved.

2) To use AC21, u need to pass 180 day's from 485 filling (and also 140 approved). Also you can start labor process in parallel with new employer.
 
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