Switched Jobs befoe I-140 approved

K

kerberos72

Registered Users (C)
I was laid off before my I-140 was approved, at the time the employer was very understanding and even offered to hire me back when things get better and therefore help me file 485 and provide a letter for future employment.

Now its been 24 months since I filed 485 (I140 approved 26months ago), still have a job with identical job description but the original company that file my I140 was never able to hire me back due to lack of business.

Can I still use AC21? Do I have any hope?

I have an interview very soon and I am very nervous about this,

Thanks all for your comments
 
Identical case- Lawyer confusion.

My case is similar in nature to yours.
Labor applied : approx May 2000
Labor approved : approx Dec 2000
I140 applied : approx May 2001
Changed employer: approx May 2001
I140 approved : Dec 2001
Company B files for my labor in May 2002
I485 filed : Aug 2002
I485 interview : Dec 2004
Currently in 8th year extension.

Both companies are willing to give the employment letter but I dont know which one to use( future employment with A or AC21 with B)
I am getting opposing views from current company lawyer and sponsoring company lawyer.

Anybody there who can suggest something?
Kerberos72-> When is your interview?

Thanks
EWR
 
My interview is the last week of december, EWR when is yours?

The common advise from friends that have gone thorugh interview is that they just give a letter from their current job (or the job they plan to have once they get the GC)


Anyone please share any info that you have with us, interview is coming soon and would like to know what to expect.... Gurus out there? Moderator?


Thanks
 
Interview

Kerberos72-> My interview is in the first week of December.
Thanks for the info. My dilema is which one should be used.

EWR
 
EWR,

I think if you want to do things the right way , you have to use the letter for the company that you are working now, assuming you will continue to work for them once your GC is approved.

what documents did they ask you to bring?

Would you please post here your interview experience once its done.

Do not worry to much, for what I hear in the interview they just ask for the employment letter as a formality sometimes they dont even read them

Thanks and good luck
 
Show the letter from current employer is defintely right thing. One thing we need to solve here is that what if they ask when you leave your original sponsor? Technically by the time of I-140 adjusted, the position should be still exist. But I heard in many cases, there is no such question was asked.
 
Thanks

Kerberos72 & lisansw,

Thanks for the advice and your wishes. It is heartening to see that you guys a similar opinion to that from the lawyers. Two of the three lawyers I have consulted had the same opinion, though the third was not very positive about it.
Kerberos72->They have checkmarked only the I-94 and passport items. But it means little since they expect every document to be brought anyway.
I'll let you know about the interview.
lisansw->I guess this is about a concurrent filing. Maybe one could take a letter from the previous company. It could say something like "... We have received the approval for your 140...We look forward to you joining us..etc".
 
EWR,

Thanks for your input, would you mind sharing a brief summary of the each of the opinions of the lawyers you have consulted.?

By the way my interview is supposed to be with officer B, yours?

Thanks a lot, good luck and hope to hear from your experience and approval soon
 
EWR said:
Kerberos72 & lisansw,

Thanks for the advice and your wishes. It is heartening to see that you guys a similar opinion to that from the lawyers. Two of the three lawyers I have consulted had the same opinion, though the third was not very positive about it.
Kerberos72->They have checkmarked only the I-94 and passport items. But it means little since they expect every document to be brought anyway.
I'll let you know about the interview.
lisansw->I guess this is about a concurrent filing. Maybe one could take a letter from the previous company. It could say something like "... We have received the approval for your 140...We look forward to you joining us..etc".
Click to expand...
I think, "... We look forward to you joining us..", may be not good enough. Just my feeling for your reference.
 
Summary

Kerberos72,
The first attorney was very positive about using the AC21 letter, he read out the Yates memo just to allay my fears. The second attorney said that it constitutes fraud and should not be done, though he later relented a bit and implied that I could try taking a lucky shot. The third lawyer I used as a tie breaker who said that there was a chance of approval though he was not dead positive about it. He did suggest that I take a competent attorney with me on that day though.
About the officer, I did not really bother to check it yet. Does the officer id really translate to a unique permanant person or is it just a label that is assigned to a random officer for that day? I have a feeling that its the latter and then it may not be any use tracking it.

Thanks for all your inputs and best of luck for the interview!
 
EWR said:
Kerberos72,
The first attorney was very positive about using the AC21 letter, he read out the Yates memo just to allay my fears. The second attorney said that it constitutes fraud and should not be done, though he later relented a bit and implied that I could try taking a lucky shot. The third lawyer I used as a tie breaker who said that there was a chance of approval though he was not dead positive about it. He did suggest that I take a competent attorney with me on that day though.
About the officer, I did not really bother to check it yet. Does the officer id really translate to a unique permanant person or is it just a label that is assigned to a random officer for that day? I have a feeling that its the latter and then it may not be any use tracking it.

Thanks for all your inputs and best of luck for the interview!
Click to expand...

i would definitely take a reputed lawyer with me

Rick
 
EWR said:
The first attorney was very positive about using the AC21 letter, he read out the Yates memo just to allay my fears.
Click to expand...

He's right. If there was a valid, bona fide future job offer at the time of the I-140, then AC21 is perfectly applicable. Terminatination of temporary non-immmigrant employment is a different matter altogether.

The second attorney said that it constitutes fraud and should not be done
Click to expand...

So long as you, the alien, genuinely intend to work for the employer once obtaining permanent residency and you are not aware of anything that would cause you to believe that the employer will not offer you that job, then no fraud has occurred.

He did suggest that I take a competent attorney with me on that day though.
Click to expand...

I bet he did. :)

Look, when I was faced with a similar situation in May 2001, I went to my employer and said, look - you don't know when the economy is going to turn around, or if you're going to need me. Let's keep the permanent offer open to keep our bases covered. After 6-9 months the law lets either one of us change our minds and walk away, which is what happened.

No problems at the interview; but it was clear that the bona fide relationship was there. They gave me a letter around the time the I-140 was approved and before the I-485 was filed, and I genuinely intended to work for them after I-485 approval at the time I filed the paperwork.

If you have an offer of employment from the original employer dated around the I-140 approval then you should be fine.
 
I talked to a very reputable Lawyer today (former president of the local AILA chapter and author a couple of books) and he said no problem, as far at that point in time the offer existed and you are employed now(in a similar job), you should be ok. I am meeting with him to review the documents to bring to the interview and he is coming with me that day.

I feel a little better now, anybody got a different more negative answer?

Thanks a lot
 
EWR said:
My case is similar in nature to yours.
Labor applied : approx May 2000
Labor approved : approx Dec 2000
I140 applied : approx May 2001
Changed employer: approx May 2001
I140 approved : Dec 2001
Company B files for my labor in May 2002
I485 filed : Aug 2002

---- did you file I-485 with Employer job offer letter of A?
I485 interview : Dec 2004
Currently in 8th year extension.
-----it seems you are on H1 with B
Both companies are willing to give the employment letter but I dont know which one to use( future employment with A or AC21 with B)
I am getting opposing views from current company lawyer and sponsoring company lawyer.

-------- use the Company B permanent job offer letter to invoke AC21.
and take a letter from A with statement
" we (company name) filed I-140 for( your name) on date.... and we had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment " take this statement from A and show ONLY if asked during Interview

Anybody there who can suggest something?
Kerberos72-> When is your interview?

Thanks
EWR
Click to expand...
 
Thanks Ginnu,
Yes, Iam on H1 extension on company B. Since I filed the 485 after the 140 was approved and company A had at that time given the employment letter, wouldnt a copy of that letter itself prove intent to hire on the part of company A?
 
EWR said:
Thanks Ginnu,
Yes, Iam on H1 extension on company B.
Since I filed the 485 after the 140 was approved and company A had at that time given the employment letter,
----- that is OK if company A gave you letter when you filed I-485.

wouldnt a copy of that letter itself prove intent to hire on the part of company A?
Click to expand...
 
Thanks for the excellent info. I do have the letter offering employment that I submitted with the 485 petition after the 140 had been approved.
Regards,
EWR
 
Interview experience

Went to the center with wife and attorney and after 2 hrs wait we were ushered in.
A quick oath.
What do you do?
Where are you working? - Lawyer handed over the AC21 letter.
How did you enter the US last[ ie under what status]
Asked for I-94, Advance Parole, EAD's.
He put the documents together and stamped my passport and said the card will be in the mail. No name check time waiting - nothing. Just beautiful.
He moved on to my wife's file took all her documents and noted that a routine medical test was pending and he needed a doctors certificate although we told him it had been done.So he gave a "continuance notice" for my wife's case and we left. Later we mailed the document in through the lawyer. The approval notice reached home in a couple of days.
The lesson : The IO can pick out anything in the 485, not just what you perceive as your weakest link.
Sadly, the doctor who did them explicitly told us that everything was ok and it was not mandatory ( no miscommunication there). He did not give me a copy of the medicals either and I did not bother to ask for it. That was probably my only mistake. But it caused several days of tension with thoughts of MTR's and refilings.
 
congratulation!!!!
please provide the info:

1 your lacal USCIS office where you went for interview
2 interview date( you got the passport stamped the same day)
3 after interview or passport stamping at local USCIS when did you got any notice or update.
4 card ordred or not( check your online status)
5 your wife approval notice came from local USCIS office or from service center
 
Hi Guys,
What happens if the company lays off somebody after two months applying 140 and 485 At what time I can use AC21.
Thanks
KK
 
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