Urgent - Please Help!

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I have filed for my I140/I485 (EB2 category)concurrently in Feb '2004 . My I140 hasnt been approved yet and I just lost my job. What are my chances of AC-21 portability?? Does someone know of anybody who has used portability in such a scenario??

Thanks in advance.
 
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Hi! Sorry to hear of your job loss.

I'm assuming you filed your 140 in NSC (since I found your message in the NSC thread). If that's the case, NSC is supposedly working on 140 cases received on Aug. 2003 or later. So have you contacted INS and asked them about why your case hasn't been processed yet?

If your case date is before the date INS claims they are processing, they will take a note of your call and put it in an expedited queue to take care of it on a priority basis.

Regarding AC21, there's no guarantee that it will work. You'll be taking a risk by moving to another job. However, there's also a chance that it may be accepted. There are examples of both scenarios in this forum - some got away with it but there are also a couple who got jacked.

Good luck!
 
Sorry to hear these....I asked this question to my attorney. He told it is slightly tricky but necessarily not a problem. If your attorny is a good guy, he will tell you what you should do.

My thoughts are: talk politely to your empoyer and make sure he doesn't withdraw your I-140. Also make sure your employer understands your situation and supports your I-140 in case if there is a RFE etc...(The risk here is your employer doesn't know he can withdraw I-140 at first and learns everything from you which sometimes works in your unfavor)...

other option: try sub-contract through your employer....

PS: I am not an attorney. I am an automotive designer. These are some thoughts not legal options....use at your own risk.
 
At this point, as Saravi pointed out, You should request your employer not to withdraw your 140 petition. If he does, you will go out of status.

You can use your EAD to work in this case. However, if you get an RFE on your 140 your attorney needs to reply.

Check/ request your attorney to help you out in this.
 
Important

Don't let your employer inform INS about loss of job and have your employer keep silent till they approve your case. Once they approve it, then apply for AC21 and just move on.

I HOPE this works out for you too. Try your best. Also switch to your H1B and start working for other company which can offer you a job and can carry forward your I-485 processing.
 
Thankyou all for getting back on this. I will contact my lawyer and see what they can do.
Hoping for the best.

Thanks again!
 
Is your lawyer the company lawyer or your personal lawyer? Don't talk to your lawyer if he/she is the company lawyer cause they always put your employer's benefit at first and will withdraw your 140.
 
Yes, my lawyer is a company lawyer. I've heard my employer is not going to revoke my 140 application.
Also at this time, is it true that I have to get an H1B transferred in 30 days?
Could I instead work on my EAD?

Thank you all again
 
Hope for the best

As long as the employer does not withdraw the 140 application, it should be okay. Be in the good looks of your employer and let him handle the queries if any. As long as your H1, it may be better to get this transferred to another guy, just to cover yourself. My lawyer suggested not to work on EAD till 140 approval, but it is upto you!!

Above all, hope for the best!!
 
EAD vs H1B

Don't work on EAD without I-140 approval because it voids your H1B status and will put you in deep troubles than you are already in
 
You need to get H1B transfered asap. It would be ideal to do this in a month. In your state you should not use EAD as already advised. Best of luck!
 
Call#

Call phone# 612.695.4608 for H1B help, they can direct you further with more specific instructions.
 
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