Pls help my subtle case...Many thanks!

[xikou2002]

Urgent so pls help! I am bargaining with the employer.

My LC was approved but unfortunately I got laid off recently.
I am on H1B and I have not yet found a new employer.

Even with laid off, is it ok that the employer file I140/485 for me now? Because it is for future job, theoretically it shld be OK...but I am not sure. The employer will write a letter, stating that
the position in the LC will be available and I will be paid the salary as stated in the LC; in the meanwhile, I will promise
to work for the employer at that time.

If yes, what is the obligation to the employer?

I guess I have to find a new employer to ask the old employer
to file that, is that correct (Otherwise what is my visa status)?

Assume concurrent filing and afer 180 days.
Assume the job is similar to the one stated in the LC.
In this case, can I use the AC-21 rule, "ignoring" the old employer,
just work with the new company? Must I work for the old employer upon 485 approval?

Thanks a lot!

 

[jaiganesh]

Valid to apply for 140/485

Your old employer can still file for your I-140 and I-485 concurrently, but before that, you should have the H1B extension/approval from your new employer in your hand. In the paperwork, you should mention whose H1B are you currently working, and how long etc.

The new employer need not know about your greencard proceedings with another guy.

You are correct that the green card is for the future employment. The portability rule (AC-21) is for the employee to switch jobs after 180 days of 485 receipt notice. But the way that I interpret that the employee is still obligated to join the greencard sponser or whoever is the latest AC-21 supporter, once the 485 is approved.

Hope this helps.

~jaiganesh

 

[xikou2002]

Thanks to jaiganesh

Thanks to jaiganesh!

Your msg is very helpful, however I still have one more question:
"The portability rule (AC-21) is for the employee to switch jobs after 180 days of 485 receipt notice. But the way that I interpret that the employee is still obligated to join the greencard sponser or whoever is the latest AC-21 supporter, once the 485 is approved."

What do you mean "the latest AC-21 supporter"?
In my case the old company files the 140/485, while I work in the
new company. So must I work with the old company?
I guess in this case the the latest AC-21 supporter is the new company, rght?

 

[jaiganesh]

If you are working with the new company on H1B, then there is no question of AC-21. In this case, you may better join your old company (who is sponsering the green card) as soon as you get the GC approval.

What I meant by the latest AC-21 supporter is, once you get the EAD with your old company (and your I-140 gets approved), you may join any other company as many times as you can. But when you switch employers, you should file AC-21, and whoever files most recent AC-21 is the employer you should serve after getting the approval.

In your case, your old employer is filing for your 140/485 on a future employment basis. (this means he specifies that you are currently working for someone else in the 140 forms). Once you receive the 140 approval AND the EAD, then you can join any company. This is the time you file for AC-21. In this case, no need to join the old employer upon 485 approval. The obligation is to join the new employer upon 485 approval.

Hope I am clear about this.