I filed I140 and I485 concurrently in September 2002 through a lawyer. Then I got laid off from the company. I found a new job and applied labor again. I got my old I140 approved in June 2003. I filed my new I140 through another lawyer in October 2003. I am still waiting for the new I140 approval. Now I found the online status of my I485 got a REF. I do not know what it is yet. Any suggestions on what I can do will be appreciated.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
please help
- Thread starter dududidi
- Start date
Talk to you lawyer
reply to the RFE for your first 485 with a letter saying that you are useing AC21 and now your current company is willing to continue to hire as per the terms on your first LC, provide with an employment letter, you should try to get your previous 485 approved since it is so close to being approved instead of waiting for another long period of time for your second 485 to be approved.
reply to the RFE for your first 485 with a letter saying that you are useing AC21 and now your current company is willing to continue to hire as per the terms on your first LC, provide with an employment letter, you should try to get your previous 485 approved since it is so close to being approved instead of waiting for another long period of time for your second 485 to be approved.
thank you Guju
Thanks for your reply.
I talked to my lawyer the newer one. He told me I have 87 days to reply for the REF and my new I140 RD is October 17, 2003. He said I have a good chance to get my new I140 approved before I have to reply for the REF. Once I get my new I140 approved, I can ask USCIS to adjudicate my old I485 based on newly approved I140. Would it be a good idea to wait my new I140 approval?
My lawyer also told me since I changed job before my I485 pending for 6 months, he think I am not eligible for AC21.
Thanks for your reply.
I talked to my lawyer the newer one. He told me I have 87 days to reply for the REF and my new I140 RD is October 17, 2003. He said I have a good chance to get my new I140 approved before I have to reply for the REF. Once I get my new I140 approved, I can ask USCIS to adjudicate my old I485 based on newly approved I140. Would it be a good idea to wait my new I140 approval?
My lawyer also told me since I changed job before my I485 pending for 6 months, he think I am not eligible for AC21.
ghost-rider
Registered Users (C)
he's wrong , use a different lawyer. Your clock to 180 days start from day u file 485. doe't matter when ur 140 gets approved or you stay less then 180 days. if 140 is not revoked then u r fine whenever u leave more or less then 180 days. there were cases on this site who left company less then 180 days and replied to rfe and got approved. You should reply to rfe useing AC21 and mean while u can wait for your 140 worst case u can refile ur 485 on new 140.
You cannot use AC21 ONLY if your sponsor firm withdraws 140 or notifies USCIS that they are no longer interested in sponsoring you WITHIN 180 days of filling 485.
Clearly your old company didn't express anything to USCIS before 180 days of filling your old 485, so technically you are still covered under AC21. However, I always believe that lawyers know more than I do, and most amateurs on this forum. If you feel that your lawyer is competent, and is acting in your best interest (and not his) then do what your lawyer says.
Also try to get an opinion of some other lawyer if you want, but the best thing for you is to get your old 485 approved since it is so close to being approval. Trust me you don't wanna wait another few years for your new 485, you never know what can happen with your job situation, so you are better off getting your GC ASAP.
Clearly your old company didn't express anything to USCIS before 180 days of filling your old 485, so technically you are still covered under AC21. However, I always believe that lawyers know more than I do, and most amateurs on this forum. If you feel that your lawyer is competent, and is acting in your best interest (and not his) then do what your lawyer says.
Also try to get an opinion of some other lawyer if you want, but the best thing for you is to get your old 485 approved since it is so close to being approval. Trust me you don't wanna wait another few years for your new 485, you never know what can happen with your job situation, so you are better off getting your GC ASAP.