URGENT: Changing employment, after recently filing I-140/I-485

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krs_n3

Registered Users (C)
Any response to the following situation will be appreciated....

I am currently in H1b and my labor cert is approved. i just recently filed I-140 & I-485 together a few weeks back. I have the receipt notice & #.

My company is laying off people, and i think i might be affected by it anytime now......

I wonder what are the things that i should be worrying about? (with respect to my visa/GC status???

how much spare time do i have from the time of lay-0ff until the next job to be found, so that H1 transfer can be filed??

i believe, considering that I-140 & I-485 are recently filed and obviously not yet approved, changing the employer will necessitate re-start of GC process all-over again??

can i do anything at all to salvage my application process??

Would hugely appreciate any clarification. Thanks in advance!!!
 
Originally posted by krs_n3
Any response to the following situation will be appreciated....

I am currently in H1b and my labor cert is approved. i just recently filed I-140 & I-485 together a few weeks back. I have the receipt notice & #.

My company is laying off people, and i think i might be affected by it anytime now......

I wonder what are the things that i should be worrying about? (with respect to my visa/GC status???

how much spare time do i have from the time of lay-0ff until the next job to be found, so that H1 transfer can be filed??

i believe, considering that I-140 & I-485 are recently filed and obviously not yet approved, changing the employer will necessitate re-start of GC process all-over again??

can i do anything at all to salvage my application process??

Would hugely appreciate any clarification. Thanks in advance!!!
Click to expand...

If your I-140 is approved and I-485 is pending for more than 180 days, then you can use AC21.
 
If you can convince your employer not to withdraw your I-140, you are in status in this country - since your I-485 is also filed.

Remember - in case of RFE, you also need to convince the company to reply for I-140.

If you can convince - fine another job.

Wait for I-140 approval.

Once approved - inform BCIS that you have used AC-21. Provide letter from your new employer with job description similar to your LC.

Hope this helps.
 
You can also use AC-21 even if your I-140 is not approved, as long as 6 months have passed since u filed 485 and your previous employer agrees to it
 
Also give thought what are your plans (God forbid) if you get an RFE that requires the documentation from your GC sponsoring company
 
Most important thing is it should be more than 180 days even to think of switching employer using AC21. Second one is I140 should have approved. Though there is no clear rule, most of us agree that 140 has to be approved. Now to approve 140, it is taking more than 6 months to 16 months, depending on your fate and luck.

What if RFE comes for I140. It's very unlikely that they touch your I485 within a year, unless you have not included all primary documentation with 485. All you have to worry about now is 140. Once 140 approved, the rest is easy.

Some argue that you can switch employer before 180 days of filing 485 and you can use AC-21 without 140 approval. But many do not agree with this and chances in these cases are very slim, unless you are a very lucky person.
 
interesting quote from Carl Shusterman about 180-day portability

Thanks to you all for the responses!

I was netsurfing related to immigration issues, and i found this interesting information from a chat organized by Carl Shusterman (http://immigration.about.com/library/weekly/aa090903b.htm):

******* Beginning of the Quote ***********;
Question7: Hi! Thanks a lot for the exceptional service. Need your suggestions. My (and family's) I-485, EAD, AP were applied on July 15th. EAD & AP just got approved (as per online status) last week. I am going to lose my job in 1 to 2 weeks (hardly 60 days after the I-485 receipt date). But my employer will not revoke the I-140. I just got an offer from another company, but am unable to decide because of the 180 days rule. In view of the recent AC21 memo which seems to have two conflicting statements regarding validity of an I-140 in the case of a second employer before 180 days. What would you suggest? Even if I join the new company before 180 days and my old company retains the I-140, can I still claim that the original sponsor is still supporting my green card (even after laying me off) and for the time being that I'm working for the new company (on EAD or H-1B, another question). Then I could say I will return to the old company as soon as they find a project for me? I want to specify that my I-485 was applied after approval of my I-140. Thanks.

Carl: The 180-day portability rule was designed for cases such as yours. None of the four BCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.

The reason that I urge you to wait until after 180 days, is that if you notify the BCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.

********** quote ends ***************;

very interesting, isn't it??? may be, there is some ray of hope??

i would recommend folks to check at this website: http://immigration.about.com/library/weekly/aa090903b.htm
 
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