Please Help me regarding my GC

T

tungc

Registered Users (C)
Hi Folks:
I used to work for an employer who filed my LC and i got laid off from them after filing but they assured me that they will still take care of my whole GC process.

As per their assurance after the LC approval, they filed my 140 and my 140 got approved as well from them couple of months ago. Now they are refusing to give me future employer letter even though they have given me a copy of my approved 140.

Right now , i\'m on someone else H1B and i need to know , if i have any hope in my case. Can I avail AC21? What are my options? what should I do?

Please Help!

Regards
 
You can use the priority date

As far as I know you can only use th PD if you file for new labour and I140 processing. Try to talk with your previous employer and get it resolved or you might have to go thru the whole process again. The only time you save will be in filling the I485 because you can use the exsisting PD. I have been thru the same situation.
 
AC21

AC21 says that I-485 "cannot be denied" on grounds of job change/employer change, if I-485 remains unadjudicated for more than 180 days. Secondly, AC21 does not specify when a job change can occur. Thirdly, the immigration law also mentions that the alien is not required to work for the petitioning employer till he gets a GC.

On asembling all these pieces, the interpretation of law after AC21 is somewhat confusing. Dharma1\'s point was 100% true before AC21 since the end-job offer had to be from the petitioning employer. But after AC21, if someone can get approval even after getting laid-off 1-day post I-485 filing then how different is it from one getting laid-off 1-Day before filing I-485? Off-course in both the scenarios, there has to be a same or similar job offer. I see no difference in the end-result between the 2 scenarios i.e. both endup with a job offer other than that from the petitioning employer. This is just my personal veiw-point and not a legal opinion. Consult a few lawyers is what I would recommend.
 
I am in a similar kind of situation!!!

My Labor certification and I-140 got approved through company A. I left company in March 2001 and joined company B, with company A promising to continue my GC. In July last year I filed my 485 with an employment letter from company A. In Feb this year I notified INS about the chnage in employer by sending employment letter from company B. My case got transferred to Newark office for interview on May 6th and I am still waiting for an interview call.
As per my lawyer I could take benefit of the AC21 law and hence I notified INS about the change in employer.
 
HELP NEEDED URGENTLY! I-140 approved and employer is not giving the letter

I got laid-off after my LC was approved and then my company agreed to continue the sponsorship. Now at this point, my I-140 is approved the company is not issuing me the employer letter needed. Can I file my I-485 independently without the employer letter. I\'m working for another company right now with a different H1B.
 
You could file your I-485 without a job letter and wait for RFE

But very likely it will trigger RFE and local transer down the road. But what options do you have? You either start all over again, or just chance it. To be at the safe side, I think you should start a new GC process, using your prority date.
 
My 2 cents...also search for postings by \'fib\'

I think \'fib\' was in a similar situation and got approved without any problems.

From what I understand and remember about my GC process, you do not have to file an employer letter with your 485 application - it\'s purely personal information. The employer letter may be needed for an RFE or interview.

Once you have filed or even before then, seek employment in similar area. Even if your 485 app. triggers an RFE (and you should hope it is after 180 days of your filing), you can respond with the current employer letter and paystubs. As per my attorney\'s interpretation of AC-21 and it is somewhat confusing, if you are responding to an RFE or interview after 180 days of filing 485, you can invoke AC-21 - it does not matter when you had changed the job unlike common perception that you can change jobs after 180 days.

As far as starting over is concerned, the drawbacks are:
1) You will be behind by God knows how long just in case the dates retrogress.
2) Your H-1 term may come to an end and you may not be eligible for 7th year extension.
3) You are stuck with another new employer for couple of years.
4) Last but not the least, emotional trauma and feeling of helplessness.

Good luck.
 
Your schedule for interview

Hi waitingGC2002,
  My case is almost similar to you. I might also land in the same boat down the line. I would appreciate if you share your interview experience.
  By the way, did you hear anything regarding your interview at local INS office.
  Do post some details.

Thanks
 
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