Pending I-485

M

madvsaa

Registered Users (C)
Still in the journey.......

- Self & Wife's I-485 filed at vermont RD Jan 22,2002, as part of Employment based
- 1st FP completed during June,2002
- Recieved RFE july,2003 Self (Employment Letter,Paystubs(3 months,Tax returns 2years) & Wife (for Missed shots during medical test)
- Reponse for the above RFE(Both) sent by Company Lawyer @same time by August 19,2003 or so.... but BCIS,Vermont RFE reciept date shows Aug,23 2003 (self) and Oct 6,2003 (Wife).
- Applied for 3rd EAD renewal Nov,2003
- Got laid off during Dec,2003 by the Company which initiated the above GC processs. I was a Permanent employee with this Company.
- Got my iEAD from local office after 2nd EAD expired in Feb 2004.

Now i need some clarifications....

- Is there a possibility my Ex-Company could do anything to my GC process like revoking etc.... Company lawyer does not respond to my calls any more, which is obvious.

- Any restriction within AC21 form to say that next job i pick up should only be a Permanent position like i had before or can i also pick up W2 contracting jobs if it comes my way.... I'm getting some good w2 contracting offers........

Any insights on the above will be greatly appreciated.
 
I presume your 140 is already approved a long time back, and it's been a long time (> 180 days) since you filed your 485. In my opinion, your company will not revoke anything, even if they do revoke the 140 it should not impact your 485 processing since you've completed more than 180 days on your 485. It's better to have a full-time permanent job, but I think there have been people working on contract W-2 who have been approved. My 2 cents.
 
Originally posted by mavishka
It's better to have a full-time permanent job, but I think there have been people working on contract W-2 who have been approved. My 2 cents.
Click to expand...

Two things to be careful of here. I'm going to raise them so we're all aware of them in advance.

First, the old company can potentially mess things up by attempting to revoke the I-140. They can legally do so, and if USCIS notices this they will issue a Notice of Intent to Deny on your I-485, and request that you show evidence of a new job offer per AC21. The tricky thing about NOIDs versus a standard RFE is that you only get 30 days to respond instead of 90.

The other potential problem area is the contract stuff. A W-2 contract can be OK provided that there is no specified end date in the offer letter. Contracts get renewed anyways, don't they? If USCIS sees an end date anywhere, they won't like it.
 
If you can persuade the W2 employer to give a letter with the magic words 'full-time permanent' on it you should be all set. My pimp is pretty accomodating that way even though my contract is only for 3 months at any time.
 
Contract or hourly rate is OK. What is needed is W-2 and a job letter either it says permanent or atleast does not have an end date. Also 1099 is NOT OK.
HTH
 
You must log in or register to reply here.
Top