Urgent advice required, please help.

S

subrasesh

Registered Users (C)
Hi

I need your urgent advice on my ex-employer's green card.
My I-140 is approved today and a notice is mailed out. At the same time, my ex-employer is closing down in couple of weeks from now. I have already crossed 180 days after filing I-485.

1) Given these two conditions (I-140 approved, 180 days crossed after filing I-485), what are the possibilities for me to continue my green card and file for AC21 ?
2) What are the chances my ex-employer can revoke / cancel my I-140 saying that they are closing down and they no longer wanted to support my green card.

Please let me know so that can plan my next course of action
 
Originally posted by subrasesh
Hi

I need your urgent advice on my ex-employer's green card.
My I-140 is approved today and a notice is mailed out. At the same time, my ex-employer is closing down in couple of weeks from now. I have already crossed 180 days after filing I-485.

1) Given these two conditions (I-140 approved, 180 days crossed after filing I-485), what are the possibilities for me to continue my green card and file for AC21 ?
2) What are the chances my ex-employer can revoke / cancel my I-140 saying that they are closing down and they no longer wanted to support my green card.

Please let me know so that can plan my next course of action
Click to expand...

Hi

Your employer can't revoke your I140. Once it is approved your are all set. Nicely Try to get the copy of I140 approved notice from your employer.
You can go for AC21 because already 180 days has been crossed. Try to find employer for AC21.
 
Thanks for the answer. I am already working for a company with similar job title / salary.
If my employer doesn't give the I-140 approval copy, can I get it from INS directly saying I have switched jobs and my employer is no longer ready to give my I-140 copy ?
 
My suggestion would be to -

Ask for your former employer for the approval notice!- doesn't that go to the lawyer?

As far as I know, at the 485 - stage all USCIS generally needs to know is if you are employed - not sure if it has to be the same one who sponsored your papers...what does your lawyer say?

Best consult with him/her! How did you switch jobs - H1?/EAD
 
I am in touch with my employer and hopefully I should get the approval notice.
I switched jobs using H1B. I spoke to my current company's attorney and he agreed to file for AC21 immediately. To file for AC21, we don't need I-140 approval copy and I don't need to use my EAD.
 
You can get copy of 140 approval by filling form G-639. This is available on uscis website. Also mention in the form that you need underlying LC details. Takes around three months.

The other way is to talk to FOIA officer in the DOL - they will send you LC details (good enough to find if your current job is same or not). It takes 4-6 weeks max.

Both the processes are safe.

Meanwhile fill G-28 with your new lawyer so that he/she can get your case details from your old lawyer.

Your 140 cannot be revoked now.

You are good to use AC-21. Informing INS is desired but not mandatory for your job change and most of the times it is suggested not to inform INS unless they ask for it - rest your call.
 
LC Details

Jharkhandi,

My company filed I140 not I485. as you mention that We can get LC detail from FOIA office.

can you give me more detail for FOIA office. My labor filed from NJ.

What should we tell them to get LC.

Please mention me in detail.

Thanks in Advance.
 
Thanks for the info. I want to give my I-140 details so that it will be useful for other people tracking I-140 progress.

I-140 / I-485 filed together: Oct-2002
RFE on I-140: Dec-2003
Company replied to RFE on I-140: March-1, 2004
I-140 approved: March-15, 2004.

This is an excellant site to share information.
 
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