whorl1quote
Registered Users (C)
I have read a lot of posts recently and found some people have similar situation as mine of a pending I140, but is either laid off or had to change to a new employer. I started this tread to discuss some solutions for us.
I filed concurrent I140/485 in Feb 2004. However, my school is starting in Sep 2004 so I will need to resign from my current employer if i want to attend the school. However, I have no idea if my I140 will be approved by that time. However, my 485 will meet the 180 day limit in Aug.
I have collected some possible solutions through reading many posts as listed below. I'd assume that people have stayed more than 180 days of filing 485. In the case of less than 180 days of I485 and pending I140, I think the chance of getting GC is very slim.
1. take leave without pay, don't just quit. Although there is no guarrentee how long the company will keep your employment, it's still better than simply quit. Does anyone know the implication of getting RFE during leave?
2. How about cut a deal with the employer to not withdraw I140 (let it be) after quitting? What would happen if the company gets RFE but I am not on the payroll anymore? The best case is to get an approval without RFE while the company did not withdraw the case.
3. I read one case in another thread saying that he got laid off with pending 140 and satisfied 180 limit. He found another similar job and filed AC21. He did not get deniel from INS immediately, rather he got an RFE. He replied the RFE and still waiting for further decision. so this solution is basically to try your luck with INS.
4. I will keep all of you posted the status of the above case. In the case that he eventually got denied, maybe we can get all together to file a lawsuit against INS? check this out: http://www.immigrationportal.com/showthread.php?t=109570
I think we'd get a lot of people supporting our case.
5. does it make a difference to be laid off or simply resign by yourself in this case?
I filed concurrent I140/485 in Feb 2004. However, my school is starting in Sep 2004 so I will need to resign from my current employer if i want to attend the school. However, I have no idea if my I140 will be approved by that time. However, my 485 will meet the 180 day limit in Aug.
I have collected some possible solutions through reading many posts as listed below. I'd assume that people have stayed more than 180 days of filing 485. In the case of less than 180 days of I485 and pending I140, I think the chance of getting GC is very slim.
1. take leave without pay, don't just quit. Although there is no guarrentee how long the company will keep your employment, it's still better than simply quit. Does anyone know the implication of getting RFE during leave?
2. How about cut a deal with the employer to not withdraw I140 (let it be) after quitting? What would happen if the company gets RFE but I am not on the payroll anymore? The best case is to get an approval without RFE while the company did not withdraw the case.
3. I read one case in another thread saying that he got laid off with pending 140 and satisfied 180 limit. He found another similar job and filed AC21. He did not get deniel from INS immediately, rather he got an RFE. He replied the RFE and still waiting for further decision. so this solution is basically to try your luck with INS.
4. I will keep all of you posted the status of the above case. In the case that he eventually got denied, maybe we can get all together to file a lawsuit against INS? check this out: http://www.immigrationportal.com/showthread.php?t=109570
I think we'd get a lot of people supporting our case.
5. does it make a difference to be laid off or simply resign by yourself in this case?