Urgent - Filed I485 in July 07; My job is at risk, I have only 4 months
- Thread starter Paalem
- Start date
Look for Yates Memos on AC21 Portability.....in google
as long as your employer does not revoke I140 within the 6 months of I485 filing...you should be fine....for jumping and looking for another job...
If your employer revokes I140 in the first 6 monhts...you will need to restart your GC process
as long as your employer does not revoke I140 within the 6 months of I485 filing...you should be fine....for jumping and looking for another job...
If your employer revokes I140 in the first 6 monhts...you will need to restart your GC process
Yeah, AC21 says I can jump to another company as long as my I140 do not get revoked. Since I have still have to get receipt from USCIS for 485 application, does it mean now my 485 is pening even though I did not get my receipt
?
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Yep....I would say...as long as your check got deposited....that's a solid personal proof that your 485 has been accepted......(and the receipt number is on the back of the check)....
I believe the receipt notice goes to lawyer's office....at least that's what happened in my case...
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485 AD: May 07
I believe the receipt notice goes to lawyer's office....at least that's what happened in my case...
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485 AD: May 07
Actuallly my current company paid all the fee for I485,EAD and AP applications. So I can't get that check deposit info.
Have you tried to look for a similar job within your company? All you need is a few months before you can invoke AC21 with confidance.
Since companies give first preference to internal employees over external applicants for any job openings, there might be a good shot.
Also, when you take another job, the title need not be the same as your current. The responsibilities should be similar; and the skillset needed to perform the job should be similar.
Since companies give first preference to internal employees over external applicants for any job openings, there might be a good shot.
Also, when you take another job, the title need not be the same as your current. The responsibilities should be similar; and the skillset needed to perform the job should be similar.
I may get an interview from the recruiter of fortune 500 firm and they are doing H1 b process it seems. Since my old company said they do not revoke the I140. I have applied for same position which has same responsibilities. Hopefully if selected, they will be doing my H1 and I will use AC21 portbility option to move to this new company. Am I going in a correct direction? Please advice if I am wrong.
Is there a possibility that my current company could revoke my I485 application ?
Should I have ask my new company to do GC also from the begining ? I am very shaken now for this situation I am in. I will have some vodka this evening.
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My argument has nothing to do with laws here.
First don't talk too much to the lawyer. If he tells ur HR that he has to file another PERM, your HR won't deviate at all.
Tell your manager that in case the position opens up in future you would like to come back. Given ur lawyer thinks they will not revoke I-140 (it might look bad on the company too if they revoke their own I-140) I think u r panicking too much given u r going to work 4 months there. Definetely take a leave of absence. If your lawyer says a lot, take him out for a drink and give him some incentive (last recourse, avoid it if possible at all costs) anta's email on future job seems goo to stick to
Best of Luck!
First don't talk too much to the lawyer. If he tells ur HR that he has to file another PERM, your HR won't deviate at all.
Tell your manager that in case the position opens up in future you would like to come back. Given ur lawyer thinks they will not revoke I-140 (it might look bad on the company too if they revoke their own I-140) I think u r panicking too much given u r going to work 4 months there. Definetely take a leave of absence. If your lawyer says a lot, take him out for a drink and give him some incentive (last recourse, avoid it if possible at all costs) anta's email on future job seems goo to stick to
Best of Luck!
gcwhenever
Registered Users (C)
Ask them to pay you any severance over 2 months, instead of a lump sum, so that you will still officially be on the payroll for an extra 2 months, and they also wont have to pay you any extra money.
and use it to enjoy the vodka
and use it to enjoy the vodka
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Jackolantern
Registered Users (C)
I485 belongs to the individual, not the employer. The employer can only revoke the I140, which doesn't stop your I485 as long as 180 days has passed and you have another same or similar job.
However, the attorney can withdraw the I485 if they have been authorized with a G-28 form to handle your case. So if the attorney is being paid by your employer, the employer could use that control to revoke the I485.
Sure. I will keep you guys posted on all happenings,hope fully all good. Today I did not wake up worried as I used to earlier.
Termination date imminent
Hi,
Its one way sad to inform you that my termination date is imminent at my current company. I may work until November 2007 with the current employer. Termination is due to outsourcing. They are not revoking my I 140. They applied my I485 on July2 nd 2007. I hope they do not revoke it.
On other positive note, there are three client interviews scheduled. Two of the positions are similar as old one. But one is lead position. I am preferring the job which matches my old job.
I am planning to use AC 21. Planning to inform USCIS about this jump after 3 months. Please advice if I have to do anything. What if I do not inform USCIS about the jump.
Hi,
Its one way sad to inform you that my termination date is imminent at my current company. I may work until November 2007 with the current employer. Termination is due to outsourcing. They are not revoking my I 140. They applied my I485 on July2 nd 2007. I hope they do not revoke it.
On other positive note, there are three client interviews scheduled. Two of the positions are similar as old one. But one is lead position. I am preferring the job which matches my old job.
I am planning to use AC 21. Planning to inform USCIS about this jump after 3 months. Please advice if I have to do anything. What if I do not inform USCIS about the jump.
Jackolantern
Registered Users (C)
Informing USCIS of the job change is not mandatory. It is just to protect yourself in case the employer revokes the I-140. Because if they get the revocation letter from the employer and don't know that you already have another "same or similar" job, they might revoke the I-485.
But because the AC21 rule is for job changes after 180 days of pending I-485, informing USCIS before 180 days could cause more problems.
But because the AC21 rule is for job changes after 180 days of pending I-485, informing USCIS before 180 days could cause more problems.
If company is not revoking 140 why do u want to inform USCIS. What if USCIS was going to give u a green card in the 7th month but with AC21 u have to prove all sorts of things???
December 17 th could be my Termination date
Hi,
December 17 th could me my Termination date. Next week there is an internal interview for a position in the same company. If I am selected in that interview, I think I am safe for now. The job discription is same but title is different.
Hi,
December 17 th could me my Termination date. Next week there is an internal interview for a position in the same company. If I am selected in that interview, I think I am safe for now. The job discription is same but title is different.
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You will be safe only because they do not revoke ur I-140; otherwise even if it the same job they can still screw things. Make sure about the I-140. If Dec 17th is ur termination date why can't they make it Jan 2nd(assuming u filed on July 2nd and eligible for AC21 on Jan 2nd). If possible prolong it. Use ur vacation/sick dates if possible...
Guys, I am back with a good news.
Hi Guys,
I got a fulltime offer from a very good company in same city where I am working now. The job is same as what I am doing now. 20% hike in salary. Right now, the new company attorney is checking some possible ways to get me into the new company.
Right now I got my receipts notices for the July 2 nd 485 filings. Receipt date is July 2 nd. Got my finger printing appointment also.
I have told the new company's attorney that we can go for a H1 transfer and still my GC process will not affect. I have also sent her the USCIS AC21 FAQ document and requested her read the question 10 for more clarification.
She is worried about my EAD. If I get it in this week, I may have to stay with old company for 180 days.
My termination date at old company is mid December.
Hi Guys,
I got a fulltime offer from a very good company in same city where I am working now. The job is same as what I am doing now. 20% hike in salary. Right now, the new company attorney is checking some possible ways to get me into the new company.
Right now I got my receipts notices for the July 2 nd 485 filings. Receipt date is July 2 nd. Got my finger printing appointment also.
I have told the new company's attorney that we can go for a H1 transfer and still my GC process will not affect. I have also sent her the USCIS AC21 FAQ document and requested her read the question 10 for more clarification.
She is worried about my EAD. If I get it in this week, I may have to stay with old company for 180 days.
My termination date at old company is mid December.
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Why does getting an EAD make you stay with the previous company. If you use an H-1b transfer shouldn't it be okay??
Is the lawyer trying to make it 100% sure that on paper u r with the old company for 6 months before you switch or is she trying to avoid the company from using your H-1B by waiting for another couple of months. You need to find out and make them use the H-1B.