Risks !!!

K

kewlmarc

Registered Users (C)
Hi Jim/All knowledgeable ones,
My situation is not unique and lots of other people in the forum must be in the same dilemma as I am.
I did my concurrent filing I 140/I485 in September /2002 and I'm yet to hear anything ab't my I140 case(No rfe yet)
I guess with current I140 processing speed at VSC I don't expect my I 140 to be cleared before June'2003 (no rfe hopefully)
Meanwhile I got fingerprinted and get EAD in early december.
I work for a consulting company with whom I have very good relations and since I finished my project last month,I'm on the lookout for job.
Recently I got an offer from a BIG 4 company which sounds very lucrative..
My consulting company and me have an understanding that the company will not withdraw my I 140 petition while it is pending even if I change my job.
Now my question to the forum is :
Q1) If I use my EAD to join a new company while I140 is pending and its been over 180 days since the I485 receipt date,
How does INS come to know I have used my EAD and I'm not on H-1 anymore.
a) If I do not inform INS and change jobs using AC21,what are the potential risks ?
b) If in the meantime ,I get an RFE in my I 140 how do I(or my lawyer) tackle that ?
Is there anyway I can respond to an I140 RFE for lets say "low company financials for company A " while working for Company B using EAD ?
c) If I get an RFE regarding job transfer intent in my I 485 how do I(or my lawyer) tackle that ?
Q2) If I were to change states (New Jersey to New York) for employment,how will it affect my I 485.Is my case prone to a local office transfer(New York waiting time for interview - 2 yrs)
Answers to the above question are eagerly awaited.
Thanks for making the effort to answer my questions.
Good luck to u all
 
I am in the same situation. Can you tell me do we join a new emp legally without I-140 approved and I have already compled my 6 month on I-485.

Thanks in advance
 
That is upto you!

Guys,

I have raised this question in several forums and online chats.
Everyone says that it is NOT advisable to use portability without an I-140 approval on hand.... I have crossed 180 days of 485 filing and 140 is pending for about 10 months and i am waiting for 140 approval to use portabliity.... because i am totally exploited by the employer... However, one of the rep at VSC told that we can use portability even if 140 is pending.... but we should send a letter that states the job is in the same/similar category. I cannot buy that argument. Another Attorney (representing company B) says that is purely related to the individual's discretion --- to join a company B, when 140 filed by company A is pending.. There is no risk for B. He says that incase there is an RFE on 140 , company A should reply within the timeframe or if there is a denial of 140, we will be in trouble.
 
I-140 approval may be required

Kewlmarc,

My understanding is that majority of the people on this board
agree that you need I-140 approval to be able to use AC21.
It was always referred to wording on AC21 that it can be used
based on your I-140 approval.

The only thing about AC21 that people agreed to DISAGREE is
that whether you can use AC21 in case of concurrent filing where
(i) I-140 approved
(ii) Passed 180 days mark of filing I-485
(iii) 140 approved date is less than 180 days.

It is better to wait for you I-140 approval.

As usual the standard disclaimer.. I am not a lawyer etc.etc.

Sept13
 
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