Need info please

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ineedtogetgc

Registered Users (C)
Hi forum,

Q1: It was nice to have the kind of service which is really facilitating the sharing of information among prospective GC seekers, it helps mentally a lot. Iam totally new to the thread, please let me know when would be my tentative date to complete by I-140 and I-485. My notice dates are as follows:

I-140: ND 04/25/2003
I-485: ND 04/25/2003

Q2: If i change my current employer and take another full time employment with my EAD, does my I-140 gets into trouble? Do i need to inform BCS of the change of employment?


Thanks
ineedtogetgc
 
Thnaks for the reply...here is the extension of the previous question....

Q2: If i change my current employer and take another full time employment with my EAD, does my I-140 gets into trouble?

Case1: If i convience my employer and make sure my employer respond to all my I-140 RFE if any in the future, Do i still need to inform BCS of the change of employment? Or just keep quite until my I-140 get's approved?

Case2: If my current employer is not with me, in the sense employer cannot give me support for all the I-140 RFE's in the future (NOTE: My employer promises me that my I-140 is not revoked) then what should i do?

Case3: Given the situation above can i ask my new employer to answer any I-140 RFE's, is that valid?

Q3: General question: Can i need to have all the paystubs (month to month) during the process of my I-140 and I-485?

Thanks
ineedtogetgc
 
Originally posted by ineedtogetgc
Hi forum,

Q1: It was nice to have the kind of service which is really facilitating the sharing of information among prospective GC seekers, it helps mentally a lot. Iam totally new to the thread, please let me know when would be my tentative date to complete by I-140 and I-485. My notice dates are as follows:

I-140: ND 04/25/2003

Probable Approval dates.
140 EB3: April - June 2004
140 EB2: May - August 2004
485 : Feb - June 2005
This is based on the recent approval trend in the past 2 months. This could fluctuate greatly so use your own judgement.
I-485: ND 04/25/2003

Q2: If i change my current employer and take another full time employment with my EAD, does my I-140 gets into trouble? Do i need to inform BCS of the change of employment?

If you leave the current employer before an approved 140, then your sponsoring employer should agree to support the underlying 140. This means that your sponsoring employer should respond to any queries/RFE for that 140 from BCIS. 140 is owned by the employer and is not transferrable. So all queries/RFE for a 140 will be send directly to your sponsoring employer.

And also if your 140 gets approved and you have completed 180 days in your 485 (from the 485 ND) then you can change employers and use AC21. Yes, you need to inform USCIS if you change job to stay out of trouble in the future.

Anyways many in this forum won't suggest to leave an employer if he denied to support your 140.

hth
dyno

Thanks
ineedtogetgc
Click to expand...
 
Originally posted by ineedtogetgc
Thnaks for the reply...here is the extension of the previous question....

Q2: If i change my current employer and take another full time employment with my EAD, does my I-140 gets into trouble?

Case1: If i convience my employer and make sure my employer respond to all my I-140 RFE if any in the future, Do i still need to inform BCS of the change of employment? Or just keep quite until my I-140 get's approved?
Wait till 140 is approved.

Case2: If my current employer is not with me, in the sense employer cannot give me support for all the I-140 RFE's in the future (NOTE: My employer promises me that my I-140 is not revoked) then what should i do?
You will be troube if an RFE is generated.
Case3: Given the situation above can i ask my new employer to answer any I-140 RFE's, is that valid?
NO. 140 is not transferrable.
Q3: General question: Can i need to have all the paystubs (month to month) during the process of my I-140 and I-485?
It is always better to have atleast 6 months worth of paystubs.

hth
dyno
Thanks
ineedtogetgc
Click to expand...
 
Is 140 Not transferrable

Case3: Given the situation above can i ask my new employer to answer any I-140 RFE's, is that valid?
NO. 140 is not transferrable.


Let me add a twist to it.
I know normally people say, 140 is not transferable...However, I know at least 2 people who applied in Company A for I140 and were laid off. Then they joined company B ( and C) but still used the same I140. I personally talked with one of them ( almost 4 months back) and he told me that 140 ( Unapproved) was transferred to new company...This happened when 140 was filed just 2 months back...I am not sure how he managed that because he refused to divulge the details...I also talked with one attorney at that time who said it was possible under some exceptional circumstances where company A agrees to transfer it to company B..however, he had never done it before and could not give any specifics...
Anyone on this forum who can clarify how the process ( If any) for 140 transfer works?
 
Re: Is 140 Not transferrable

Originally posted by GC_GoneCase
Case3: Given the situation above can i ask my new employer to answer any I-140 RFE's, is that valid?
NO. 140 is not transferrable.


Let me add a twist to it.
I know normally people say, 140 is not transferable...However, I know at least 2 people who applied in Company A for I140 and were laid off. Then they joined company B ( and C) but still used the same I140. I personally talked with one of them ( almost 4 months back) and he told me that 140 ( Unapproved) was transferred to new company...This happened when 140 was filed just 2 months back...I am not sure how he managed that because he refused to divulge the details...I also talked with one attorney at that time who said it was possible under some exceptional circumstances where company A agrees to transfer it to company B..however, he had never done it before and could not give any specifics...


If the sponsoring company is bought over by a new company there are provisions to 'transfer' I140. But I am not aware of any other means of transfer which are legally permitted by law.

hth
dyno


Anyone on this forum who can clarify how the process ( If any) for 140 transfer works?
Click to expand...
 
Is 140 Not transferable

In this case, the company was not bought over. Both companies A and B are independent of each other. One is a hardware manufacturing company where as other is software and hardware consulting. However, both are located in same region.
 
Re: Is 140 Not transferable

Originally posted by GC_GoneCase
In this case, the company was not bought over. Both companies A and B are independent of each other. One is a hardware manufacturing company where as other is software and hardware consulting. However, both are located in same region.
Click to expand...

GC_GoneCase

AFAIK it don't think it is possible. All queries /RFes will be send to the sponsoring company. If the RFE is for the company's ability to pay, financial statement etc., there is no way another company can reply to those.

Maybe both companies enter some mutual agreement, so that the sponsoring company gets paid for its services (read replying to RFEs) this could be done.

Maybe your friend is taking you for ride. If your friend had done it, it might be beyond the legal boundaries as described by USCIS.

You said that the lawyer you spoke to mention about such a transfer, maybe you might speak to him to clarify what rule/forms he would use.

hth
dyno
 
Thanks for your input and feedback......apperciated.....I will surely reley on ur asunptions.....but any fine refinement from all..well be greatly appreciated...pleae continue to reply

thanks once agi\ain..please help me in this matter

:( :( :( :( :(
 
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