new E12 after job changing?

S

sundog0324

Registered Users (C)
Dear All,

My previous company concurrently filled E12-OR (both I-140 and I-485) for me September last year. However I got laid off December last year and started to work in another company with similar function.

Now I am trying to file another E12-OR with my current company. Is there anything I can do with the old petition? Or I should fill a totally new petition and just disregard the previous one?

Thanks

SD
 
Did your previous I-140 get approved and did the employer not withdraw or revoke the petition ? If its approved and they did not withdraw you may be able to use AC21 and continue your GC process.

BB
 
Hi.
I am not sure if my previous employer has widthdrawed the petition, but I saw that case# is still pending. However it is not approved yet. The petition was filed in Augest 2002 and VSC just proceeds to June 2002.
I am not sure if INS has already noticed my job change - The new company got me a H1B transfer and I have changed address.
Is there any possibility to make use of my previous petition? Or I should just file a brand new one?

Thanks

SD
 
I am not sure if that means the I-140 has not been withdrawn. I think what you need to hope for is that the I-140 gets approved without an RFE. Once that happens you automatically become AC21 eligible (since you already satisfy the 180 day criteria). Then you just send them the letter notifying them of the job change etc. and that you are using AC21 to continue your GC process.

H1 and I-140 are two completely different petitions so unless the previous company has specifically asked for withdrawing the I-140 petition that should not be a problem. Adress change needs to be done for I-485 but do it only when your I-140 gets approved.

You need a lot of luck but there is still a chance. But to be on the safe side since your current employer is willing to do the petition I recommend go ahead and do that as a backup.

BB
 
Thank you so much.

If I file another I-140 for E12-OR now. Do they immediatly know that I have changed job and scrap my previous one?

Thanks again.

SD
 
Originally posted by berrybird
Did your previous I-140 get approved and did the employer not withdraw or revoke the petition ? If its approved and they did not withdraw you may be able to use AC21 and continue your GC process.

BB
Click to expand...

Berrybird, I was under impression that losing a sponsor automatically invalidates EB-OR petition, whether or not BCIS is informed. AC21 would not apply here then since the petition was not 180 days old.
 
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Your I-140 might still be valid!

To sundog0324:

The latest ruling posted by BCIS on Aug. 4, 2003 has the following statement.

"If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied"

If your previous employer did not specifically withdraw your Form I-140 before your Form I-485 has been pending 180 days. Then your approved Form I-140 (if it gets approved later on) will be valid. The new ruling doesn't suggest your termination with previous employer automatically invalidate your Form I-140.

You should wait for the approval of your I-140 and then submit evidence that your new employment is in same or similar employment area.

You might be one of the few beneficiaries by this new BCIS ruling.

Good luck.
 
Lamonte,

That is incorrect. You can read the two memos (june 2001 and Aug 2003) regarding this. The two main conditions that need to be met :

1. I-485 is PENDING and REMAINS UNADJUDICATED FOR 180 days with an approved I-140

2. Job is similar in nature


Remember a company can sponsor you for Green Card without you ever having worked for the company during the GC process. Green Card is for a future job and never in any of the memos does it say the employee has to be working for 180 days. The key is that the company does not withdraw the I-140 before the 180 day mark or in the case of sundog replies to an RFE negatively.

Sundog,

You raise a valid point regarding filing two EB1-OR cases. I would recommend waiting for a decision to made on your previous one ( < 2 months) and then applying in case it is not approved or applying in a different category (EB11, EB2-RIR etc)

BB
 
June 2001 memo did not cover the case of I-140 pending with I-485 pending for over 180 days generated by concurrent filing of I-140 and I-485. At that time, you need approved I-140 to file I-485.

Aug 2003 revives the above case.

That's the major difference between these two memo.
 
Great thanks to Berrybird, Bystander6 and all the people paid attention to my post.

Could you post a link to the Aug.4, 2003 BCIS memo?

Is that true that a I-140 and I-485 are still valid when the person changes job before 180 days of filling, as long as the employer does not widthdraw the case before 180 days of filling of I-485, even the I-140 is still pending?

What shall I do if I receive a RFE for my I-140?

Thanks.

Sincerely,
SD
 
"Could you post a link to the Aug.4, 2003 BCIS memo?"

I posted it on this forum with subject "Validity of Approved I-140 for I-485 Waiters" on Aug. 13.
 
Sundog0324 - thanks for starting this thread. After searching so much i finally find something that is close to what i am currently facing.

Here is a further twist to my story. I still have a job, but would like to change it before my I-140 is approved. I have been waiting for more than 180 days, so I am sure AC21 would have applied had my I-140 been approved.

Two things that come to mind - there is a new rule that BCIS needs to be notified within 10 days of moving anywhere. Question is how can you let the I-140 be in queue even though your previous employer is not withdrawing it?

In my case, I am thinking of moving to Arizona from NY. So there is a change in service center also. Is yours in the same city/same service center?

The more I read, it looks like one could use the loophole that "unless petioning employer withdraws, I-140 is valid", but it is risky and seems not legal!!

Have you contacted any lawyers? I am thinking of setting up an appointment with Mr. Khanna's office for a consultation! Are there any lawyers in this discussion group who can show some direction!!

shekhar R.
 
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