Need your advice

3

3DM

Registered Users (C)
Hi All,

My project ends this month. I was just wondering if I get a full time employment with a stable company (likely to get offer next week), and if I leave my employer in good terms or bad terms (I have been with my employer for 4 years and never on bench), what are my options. will my GC be in jeopardy if the employer revokes my I-140. I would be making close to 25 to 30k more than the LC salary. Right now I am making 20k more than the LC salary and my lawyer said as long as you make atleast the amount specified in LC I should be okay.

My RFE resp received by USCIS on 9/5/03
2nd FP done on 11/1/03 scheduled for 11/12/03.

RD - 2/15/02
ND - 3/12/02

Your advice is much appreciated.

Thanks
3DM
 
Last edited by a moderator:
Please advice on this.

Guys please advice on this. I would appreciate it.
Thanks
3DM
 
You should be okay as long as your new Job description and salary are similar.

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

http://boards.immigration.com/showthread.php?s=&threadid=103003


http://immigration.about.com/library/weekly/aa090903b.htm


Now how do you get the LC and I140 details for using AC21

Option 1) Request your Employer to give your LC and I140 paperwork.

If this does not work then

Option 2) Hire a new lawyer. Fillup new G28 and request the new lawyer to request your paperwork from your old lawyer. Generally lawyer to lawyer communication should work and you should receive all your info.

If this does not work then


Option 3) Check the below links

http://www.flcdatacenter.com/casesearchperm.asp

http://boards.immigration.com/showthread.php?s=&threadid=92139

http://uscis.gov/graphics/formsfee/forms/g-639.htm

http://www.immigrationportal.com/showthread.php?threadid=83078

Wish you all the best.
 
common pingpong...how can one go for 2nd FP with nd 3/12/03... unless it is another twist in BCIS wonderful tale of processing:)
 
I am sorry

Here is my info

RD - 2/15/02
ND - 3/12/02
FP1 - 6/14/02 Recd by INS
RFE - 9/5/03 Recd By BCIS
FP2 - 11/1/03 (scheduled for 11/12/03 - did early)


Thanks for all your responses. My main concern is about the salary. If the salary is substantially high like 35k more than the salary on LC will USCIS consider the job as a different job even if the description and duties are same.


Thanks to all of you again.
3DM
 
As regards salary - it should be similar. There is some opinion- salary higher or lower does not matter. The important issue is the job description n title- so if that is same- you should be good.
HTH
 
You must log in or register to reply here.
Top