*** Urgent Advise Needed ***

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fast_gc_seeker

Registered Users (C)
Here is my situation:

140,EAD,AP approved recently, pending 485 < 180 days.

I've a fear that my employer will make me victim of outsourcing :mad:
and ask me to work offshore which I'm not interested.
I'm getting married in Nov 04 and flying in first week of Nov.

God forbid, in last week of Oct my employer asks me to work
from offshore and I decline, can I safely travel overseas and enter
back on my approved AP? [I'll not be an employee of my current employer]. Is this safe to enter on approved AP? How soon will USCIS know of employment termination?

:mad: :(
 
Well is your company going to revoke I-140 if you quit? If you company will revoke I-140 if you quit then your 485/EAD/AP will be invalid and you will not be able to use AP for travel. If your company revoke's your I-140 while you are out of US and for some oversight the officer at port of entry does let you in, you will be deported when they find out that your I-140 is revoked and you used your AP based on 148 filled for that I-140

Another advice I can give you is if you company doesn't give you a choice but to work offshore, then you better do it untill 180 days have passed, then you can quit and use your AP to re-enter US without any trouble.

Also you may re-enter US if you can get your H1 from some other company and you reenter on H1.
 
guju said:
Well is your company going to revoke I-140 if you quit? If you company will revoke I-140 if you quit then your 485/EAD/AP will be invalid and you will not be able to use AP for travel. If your company revoke's your I-140 while you are out of US and for some oversight the officer at port of entry does let you in, you will be deported when they find out that your I-140 is revoked and you used your AP based on 148 filled for that I-140

Another advice I can give you is if you company doesn't give you a choice but to work offshore, then you better do it untill 180 days have passed, then you can quit and use your AP to re-enter US without any trouble.

Also you may re-enter US if you can get your H1 from some other company and you reenter on H1.
Click to expand...

I dont know if they will revoke 140. What if they dont, does that mean
I'm safe to enter on AP or my valid H1?
 
TheRealCanadian said:
If you're not working with them how would your H-1 be valid?
Click to expand...

ok..lets say I cant enter on h1, but can I enter on AP?

lets say somebody is fired/laid off when he/she is outside this
country, what happens in that case? will they be allowed to enter
on AP? what does the law say?
 
fast_gc_seeker said:
Here is my situation:

140,EAD,AP approved recently, pending 485 < 180 days.

I've a fear that my employer will make me victim of outsourcing :mad:
and ask me to work offshore which I'm not interested.
I'm getting married in Nov 04 and flying in first week of Nov.

God forbid, in last week of Oct my employer asks me to work
from offshore and I decline, can I safely travel overseas and enter
back on my approved AP? [I'll not be an employee of my current employer]. Is this safe to enter on approved AP? How soon will USCIS know of employment termination?

:mad: :(
Click to expand...

I'm in the same boat. I don't have choice but to go back and work for 4 months.
 
fast_gc_seeker said:
lets say somebody is fired/laid off when he/she is outside this country, what happens in that case? will they be allowed to enter
on AP? what does the law say?
Click to expand...

They should be. There are no guarantees when it comes to the POE and AP, but you should be OK.
 
fast_gc_seeker said:
ok..lets say I cant enter on h1, but can I enter on AP?

lets say somebody is fired/laid off when he/she is outside this
country, what happens in that case? will they be allowed to enter
on AP? what does the law say?
Click to expand...
Yes if your 140 is not revoked, then you can re-enter on AP even if you have been fired. However, if your company do decide to revoke your I-140 beofre 180 days are over, then use of AP will lead to your deportation. So it is your choice, you can assume that the company won't revoke your I-140 while you are out of US, and also won't revoke your I-140 untill atleast 180 days since your 485 fillings have passed.
Goodluck to you.
 
Just be careful.

If you are terminated and your employer revokes your I-140, your 485 process would be invalid. If your I40 is revoked and you enter US on your AP, they definitely won't let you enter and will deport you back to your home country. It is law. Also, if you have a valid H1 that is sponsored by your company and you are terminated while you are outside US because you declined, your H1 will be invalid because you are not working with them.

Your employer and you should work out not to revoke your I-140 and abandon your 485 process, otherwise, your employer have rights to notify BCIS or not, but I remember the law that requires employers to notify BCIS (some of companies ignore) or pay huge fines. I suggest you should agree to work overseas for few months (says for 6 months) while you can find another job that is similar to your current job (make sure to start working on your new job with your EAD 180 days after your I-485 is filed.) Isn't it simple?

Let's assume you are terminated. At any port of entry, how will the immigration officers know that you are terminated? That's tricky. They may ask for your paystubs (not all the times) or they will check their computer. Like The RealCanadian said, there are no guarantees to be safe when it comes to the POE and AP. That's unfortunate. Also, if immigration officers didn't know that you are terminated by your employer and they let you enter on your AP, then you would become an illegal alien because your AP is invalid or your H1 visa is invalid. (If you found a new job, you will be required to go for stamping at any US embassy or US consulate. It is highly likely that you won't be able to get a new H1 visa at any US embassy or US consulate with a new company because you violate immigration laws or you enter US illegally. You cannot be able to file a new labor/140/485 with a new company. They will check your I-94. I don't know about 245i or 245k part.). So it is your decision. I hope your 140 will not be revoked while you will be out of usa.

Good luck to you. Congratulations on your getting married.
 
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