please i need advice

K

kaycekay

Registered Users (C)
hi
my husband has sponsorship with an employer. he applied for I485 last year in may(EB3). this employer started giving him to much work in poor conditions, no sufficient pay. in one word, looks like he cannot take it anymore. the tension is enormous and he is scared that the employer will withdraw the sponsorship and green card process will be canceled. what can he do? can he change employer in the same field of work? what can he do? myself i am dependent. if my husbads case goes wrong, mine also will go wrong.
WHAT CAN WE DO?
PLEASE ADVICE
 
AC21

The employer cannot withdraw I-485 petition already filed.
In your case , its already past 180 days since you filed for I-485 and you can use AC21.
If you can find another employer, you can start working for him through EAD.
Else given the market conditions - just stay tight for another 6/7 months and you should be getting your approval by then.
Good luck.
 
Here is what you should do:

If you have already decided that your husband can no longer take the opression of his employer:

1. Find a new job which is similar in position as the last one.
2. Hire a lawyer and assign the new lawyer for your I-485 so that the previous lawyer can not get any more correspondence. If you had a company lawyer, it is important that you get rid of him before you take up the new job. Even if you didnt have a lawyer atall, it is good idea now to have a lawyer incase of an RFE.
3. Quit the original job. Before you do this make sure 1 and 2 above.
4. Take the new job
5. Do not inform INS about anything.
6. Handle any correspondence (RFE etc) from INS, if any through the lawyer.

I think you have very little risk becasue of the AC21 protection as you have already spent more than 180 days after filing of I-485.

Some people might argue if you should notify INS after a job change. But what I have leraned from many people is that it is best not to notify INS as it generates RFE etc. Either way, I think you are safe. There is very little risk.

Hope this helps.
 
could the previous sponsor withdraw uor i140?

:confused:

Is it possible for the previous employer to withdraw your I140?

Thanks,
 
I guess not

My previous employer had sent a letter informing them that I don't work for them anymore and thye don't support the 140 anymore.
But eventually I got the approval in May'2002.
So my guess if 180 days had past since you have filed I-485 - AC21 gets into effect and doesn't support withdrawal of I-140.
 
True in Mycase

Yes, It came true in my case.
My lawyer was from Muthy's firm and they did a good job.
She said since there is no regulations for AC21 yet - INS will handle the such 140 withdraw cases in a case to case basis.
 
thank you

thank you all for your advice. my husband finally decided to remain in his actual job until we get the green card. he just has to keep himself cool, without seeing the unfairness and uglyness of beeing immigrant at this stage. we just have to be slaves until we get our green cards. lets pray to GOD to give us patience.
thank again.

i hope i will have good news soon about GC approval.
 
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