Urgent - Filed I485 in July 07; My job is at risk, I have only 4 months

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Paalem

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Urgent-Filed I485 in July 2nd '07; My job is at risk, I have only 4 months

Hi,
I have filed the I 485 on first week of July. My job is at risk since my application is getting outsourced. Now my company told me that I have only ~4months. What should I do now ? I have valid H1b till 2010. Can I jump to another company thru H1 transfer ? Or should I wait till I get EAD and then move to another company ? Please let me know what could be the best way.:confused:

Thank you.
 
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extend your tenure to 6 months somehow so you can use AC21..try to cut a deal with your company so they can pay you the minimum labor certified salary.
give up all company benefits etc..

Paalem said:
Hi,
I have filed the I 485 on first week of July. My job is at risk since my application is getting outsourced. Now my company told me that I have only ~4months. What should I do now ? I have valid H1b till 2010. Can I jump to another company thru H1 transfer ? Or should I wait till I get EAD and then move to another company ? Please let me know what could be the best way.:confused:

Thank you.
Click to expand...
 
guest1978 said:
extend your tenure to 6 months somehow so you can use AC21..try to cut a deal with your company so they can pay you the minimum labor certified salary.
give up all company benefits etc..
Click to expand...

Thanks for quick response. I will try that, since my company goes along with the rules, it may deny that deal. If that deal fails what could be the next steps in order to make my self safe ?
 
I guess you should have applied for EAD along with your I-485.

if you are out of status for less than 180 days its still ok, but you have to pray to GOD, that you get your EAD between your last day at current job and 180days after that.

Once you get your EAD you can try to find a new job with the same or higher pay in same field of your current job.

I am not a lawyer, you can doublecheck with your lawyer. If you want to get free advice from lawyer, contribute to immigrationvoice.org and they will help you to get an appointment with laywer. if that is not possible, than best immigration lawyer is Rajiv you can have a phone consultation with him.
 
you can also use up your Paid time off, and perhaps take some sick time off etc

Paalem said:
Thanks for quick response. I will try that, since my company goes along with the rules, it may deny that deal. If that deal fails what could be the next steps in order to make my self safe ?
Click to expand...
 
Take a leave of absence with no pay if possible and get it approved in writing and then get an attorney to fight your case later on if company screws around.
 
First thing first... do you have your I140 approved? If not, as soon as CIS opens up the Premium processing again, do it.
Then, speak to your company if they want to oursource your post, try not to revoke your I140.
Once your I140 is approved, you can maintain your PD. So, get a new job and file I485 again with the new employer.

Like it or not, if your post will be outsourced somehow, you will need to find another job anyway. But at least, you can still get your original PD.
 
Paalem, one single thing....From my observation...U just need to stay quiet for 6 months....

The deal breaker is simple....Your employer can infrom and revoke your I140 in the first 6 months of your I485 filing....If he does that, you are screwed....Your gc process would have to start from scratch...

But, your lifesaver is your employer does not revoke your I140 in the first 6 months of 485 filing date.....then you are covered and you can use AC21 documentation....

And, before you ask questions, it's better to read and understand the AC21 regulation...as well....
Look for AC21 and Yates Memos in google....there are 2-3 PDF's that clearly outline the rules of AC21...I140 portability
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
 
what is 6 months

Also find out if 6 months for AC21 means date of receipt of 485 documents at service center or date of receipt send by USCIS.
 
nyc8300 said:
Also find out if 6 months for AC21 means date of receipt of 485 documents at service center or date of receipt send by USCIS.
Click to expand...

Some how I was able track my attorney and talk to her and she said that my company would not cancel my I 140. She assured me that. She also said I can go another company by H1 tranfer, apply PERM LC, again apply I 140 and at that stage I can use the old PD. Only thing is I would miss "July 07 current" window:(

If I get the receipt from USCIS for my I 485 application may be in another two weeks (anticipating), then I think, I will be safe to certain extent.
 
Yeah! As expected lawyer wants you to go through the whole GC process again i.e. lawyer fees :))
You are inviting trouble talking to her if u have 4 months to go on your job. The lawyer will make sure u pay him/her for another PERM and I-140.
Did she say anything on the date issue i.e when does the 6 month period start?
 
Did you negotiate with employer for alternative Post

Hi Paalem:

My prayers and hopes for you.

One suggestion: In all you need to have 181 days.. and you have already filed in first week of july.. So you need to be holding onto this job upto Jan08.

Why cannot you negotiate with you employer for a wage adjustment, and prolong your stay upto Jan08 ending atleast: Alternatively you may also talk to your boss and plead for his cooperation, in switching your services to some other area for few more months (like development to support or to Administration).

I am not sure, I gave you a good suggestion.. but i am little concerned with the situation.

Hope you would sort it out successfully..:)





Paalem said:
Hi,
I have filed the I 485 on first week of July. My job is at risk since my application is getting outsourced. Now my company told me that I have only ~4months. What should I do now ? I have valid H1b till 2010. Can I jump to another company thru H1 transfer ? Or should I wait till I get EAD and then move to another company ? Please let me know what could be the best way.:confused:

Thank you.
Click to expand...
 
Paalem said:
Hi,
I have filed the I 485 on first week of July. My job is at risk since my application is getting outsourced. Now my company told me that I have only ~4months. What should I do now ? I have valid H1b till 2010. Can I jump to another company thru H1 transfer ? Or should I wait till I get EAD and then move to another company ? Please let me know what could be the best way.:confused:

Thank you.
Click to expand...

GC is for future employment .. so even if they throw you out, its ok. The only thing is that they should not withdraw your application for next 2 months.

As soon as you hit the 180 days mark -- send an application to USCIS.

Your status is maintained - pending AOS .. as long as Ur employer does not withdraw the application...

Meanwhile you can work on Ur new H1b .. and also keep Ur GC going ..

Good luck
Daruwala
 
You could change your job even before 180 days (after 485) as long as 140 is ok.

Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-
485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment. Adjudicators should not presume absence of such intent and may
take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be appropriate.
 
nyc8300 said:
Also find out if 6 months for AC21 means date of receipt of 485 documents at service center or date of receipt send by USCIS.
Click to expand...


180 days of AC21 starts from the Receipt Date which is printed on the I-485 Receipt. Inspite of the announcements that USCIS is going to honour Original Post Stamp date as a Receipt date. I saw I-485 Receipts where Post date is not honored and simply place the date when they encash the checks. Notice date is only for their internal use, shows when the Receipt was printed.

I would say 50/50 they honor and not nonor Postal stamp date.

Based on the current frontlog, I would expect that July filers will get their Receipts in 3-4 months.
 
I have seen lawyers insisting that employees file PERM and I-140 again even if the job profile change very very slightly.
If you discuss this with your lawyer, he will inform your employer to have you pay him the fees again i.e. unless u can pay him off.
Full disclosure may not be great if u know that the employer is not going to send a notice to INS. I would suggest taking a vacation and then taking the risk and filing AC21 after 6 months.
You have to be as careful of te lawyer as your employer.
 
nyc8300 said:
I have seen lawyers insisting that employees file PERM and I-140 again even if the job profile change very very slightly.
If you discuss this with your lawyer, he will inform your employer to have you pay him the fees again i.e. unless u can pay him off.
Full disclosure may not be great if u know that the employer is not going to send a notice to INS. I would suggest taking a vacation and then taking the risk and filing AC21 after 6 months.
You have to be as careful of te lawyer as your employer.
Click to expand...

My current employer applied for my EAD and AP along with the I 485. Currently I am applying for jobs inside and outside of my state for same or higher position.

What if I get new job and the new employer starts my GC, and after few months I get the EAD and AP from July 1485 filing, Can I use that EAD and AP , to continue in new job ?:confused:
 
Paalem said:
My current employer applied for my EAD and AP along with the I 485. Currently I am applying for jobs inside and outside of my state for same or higher position.

What if I get new job and the new employer starts my GC, and after few months I get the EAD and AP from July 1485 filing, Can I use that EAD and AP , to continue in new job ?:confused:
Click to expand...


Legally, if the job is not similar/same u can't. Enter a lawyer who will first convince u u can't do that and then fight it wit USCIS that the job is similar. A lawyer can argue for/against anything for money.... Don't get one involved if u shouldn't.
 
nyc8300 said:
Legally, if the job is not similar/same u can't. Enter a lawyer who will first convince u u can't do that and then fight it wit USCIS that the job is similar. A lawyer can argue for/against anything for money.... Don't get one involved if u shouldn't.
Click to expand...

I am a systems analyst now, I am applying for systems analyst and senior systems analyst positions. The jobs that I am applying, the duties and resposibilities are almost the same.

If I use AC21 porting before getting EAD, is there a need to have the new employer do my h1b and GC process again ?

Can I use the AC21 porting even if I do not get the receipt from i485 filing ?

sorry for my ignorance.
 
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