urgent info needed regarding layoff

well in my case(my previous employer) i know that the lady is very capable and really helpful. That is why i was kind a surprised when she said that they can port pending I140.

The reason for mentioning company size is just an indication.
btw mine was consulting company and they voluntariy do labour subs and they have significant no of foreigners working for them.
 
I agree with usnycus. I140 approval is a required condition to use AC21. In a lot of cases, employee joined another company or laid off before I140 approval. However, the sponsoring company failed to withdraw/revoke the I140 and the I140 eventually is approved. In this case employee still can port the approved I140 even I140 was not approved when they left sponsoring company.
 
I-140 portability under the desk!!!??

This is only an educative guess.

Being in this forum for about 2 yrs I didn't find anything which says about I-140 portability. Also the big company is not telling
anything but assuring they could do so. My suspicion is that they
are banking on the fact that the previous employer will not
withdraw or revoke I-140. This they might call it as I-140 portability.

Other way to do is to make a deal with the attorney of the
previous employer to delay the revoking / withdrawal process
till I-140 gets approved (????). They could always tell a reason that the file was misplaced and so it got delayed.
Sometimes it is hard to believe this but it could happen here too.
(Big companies could give away money just like giving extra money to the head hunters). As the saying goes
"Unless proven nobody is guilty even if it is a brutal lie".

My attorney also hinted me something like using AC21 even if
I-140 is not approved in a case provided 6 months have passed after I-485 filing.
(there are two different school of thoughts over portability
issue about the when the clock starts irrespective of I-140 approval).

my 2 cents

Sekar
 
I managed to talk with one employee, who got her pending 140 ported.
He told me that her 140 was withdrawn by previous employer. She was informed by the attorney that application for 140 withdrawal was sent before she joined this new company.
She applied for AC21 with following documents:
1. Letter from the new company stating same kind of job, salary, profile etc.
2. Letter from the company for continued support of her 140
3. Letter from the company attorneys explaining that 180 days have passed, she was best fit for the new company etc. what she termed as letter of conformity ( I do not know what that actually means in this context).
4. She sent all these documents even before getting any denial.
5. After about 3 months time, she got 140 approved in Jan 2004.
6. Her 485 is still pending.

Interesting to note here is that she joined on old EAD, applied for the new EAD, got new EAD before getting 140 approved.

I am also told that it is better to send AC21 instead of waiting for notice of intent for denial (NOID), as that helps keeping the pending 140 alive. It is much more difficult to get it going once NOID is served.


So, this discussion still does not provide answer to all issues. It is possible that the withdrawal letter was somehow misplaced at USCIS or the approval of 140 happened before withdrawal letter could be addressed, or attorney actually never sent the withdrawal to USCIS. I mean we can not conclude that 140 was actually taken up for denial and approved on basis of new employment.

Till time I could talk with someone where 140 was actually denied due to withdrawal and then ported to new company, I can not be sure if this is a viable option.
Still in dark....could see very little light in the tunnel..Not sure if that is the way out.
 
Re: I-140 portability under the desk!!!??

Originally posted by kSekar
This is only an educative guess.

Being in this forum for about 2 yrs I didn't find anything which says about I-140 portability. Also the big company is not telling
anything but assuring they could do so. My suspicion is that they
are banking on the fact that the previous employer will not
withdraw or revoke I-140. This they might call it as I-140 portability.

Other way to do is to make a deal with the attorney of the
previous employer to delay the revoking / withdrawal process
till I-140 gets approved (????). They could always tell a reason that the file was misplaced and so it got delayed.
Sometimes it is hard to believe this but it could happen here too.
(Big companies could give away money just like giving extra money to the head hunters). As the saying goes
"Unless proven nobody is guilty even if it is a brutal lie".

My attorney also hinted me something like using AC21 even if
I-140 is not approved in a case provided 6 months have passed after I-485 filing.
(there are two different school of thoughts over portability
issue about the when the clock starts irrespective of I-140 approval).

my 2 cents

Sekar
Click to expand...

KSekar,
You are probably right.
I believe, AC21 defines 3 scenarios:
1. approved 140 with 485 pending for more than 180 days
2. approved 140 with 485 pending for less than 180 days
3. approved 140 denial due to fraud

I think, USCIS was probably not clear what to do about pending 140 for scenario 1 above.
Possibility 1: The essence of AC21 and timing of 180 days implies that all processes (at the time of applying 485 ) related to and necessary for approval of 485, should also be included for portability, 140 being one of them ( Others being medical, finger printing etc.).
Possibility 2: The earlier process of non concurrent filing of 485 required 140 to be approved first, which implies that 140 must be approved before using benefits of pending 485 for more than 180 days.

Becuase AC21 Aug 2003 memo did not address pending 140 scenario, one thought group follows possibility one and the other possibility 2.

And we get confused which way to go, after all we are the one who would suffer finally, not USCIS or the attorneys.
 
Originally posted by GC_GoneCase
I managed to talk with one employee, who got her pending 140 ported.He told me that her 140 was withdrawn by previous employer. She was informed by the attorney that application for 140 withdrawal was sent before she joined this new company.
She applied for AC21 with following documents:
1. Letter from the new company stating same kind of job, salary, profile etc.
2. Letter from the company for continued support of her 140
3. Letter from the company attorneys explaining that 180 days have passed, she was best fit for the new company etc. what she termed as letter of conformity ( I do not know what that actually means in this context).
4. She sent all these documents even before getting any denial.
5. After about 3 months time, she got 140 approved in Jan 2004.
6. Her 485 is still pending.
Interesting to note here is that she joined on old EAD, applied for the new EAD, got new EAD before getting 140 approved.
I am also told that it is better to send AC21 instead of waiting for notice of intent for denial (NOID), as that helps keeping the pending 140 alive. It is much more difficult to get it going once NOID is served.

So, this discussion still does not provide answer to all issues. It is possible that the withdrawal letter was somehow misplaced at USCIS or the approval of 140 happened before withdrawal letter could be addressed, or attorney actually never sent the withdrawal to USCIS. I mean we can not conclude that 140 was actually taken up for denial and approved on basis of new employment.
Till time I could talk with someone where 140 was actually denied due to withdrawal and then ported to new company, I can not be sure if this is a viable option.
Still in dark....could see very little light in the tunnel..Not sure if that is the way out.
Click to expand...

GCGoneCase

This may little too much to ask but just curious
Can you find out for sure whether her Lawyer actually sent the withdrawal notice? if so when ??
 
You must log in or register to reply here.
Top