urgent question

[xxj100]

urgent question on AC21

I concurrently filed I-140 and I-485 on Aug. 2003. My I-140 was approved in Jan. 2004. I am still waiting for I-485. I just got news today that I will be laid off in two weeks.

I have two questions:

1. Can my current employer still revoke my I-140?
2. Is there a grace period before I have to find a new job? I was given two weeks notice on the layoff. My current employment will terminate on Aug. 8th.
3. Does AC-21 require abitility to pay from the new employer?


Thanks a lot in advance for any advice.

 

[1victim]

sorry to hear that...

start looking for similar job immly.

1. No, even if he does, its not honored. look at Yates memo
2. i dont know, sorry.
3. i dont think so.

 

[sangjodi]

Will there be any problem of GC processing -
1) If employment get terminated before you switch new emp and invoke AC21.
2) Is there any grace period that after termination and start date of new employer.
3) Will there be any problem of any sort in future of GC process.

 

[GotPR?]

1. Can my current employer still revoke my I-140?
2. Is there a grace period before I have to find a new job? I was given two weeks notice on the layoff. My current employment will terminate on Aug. 8th.
3. Does AC-21 require abitility to pay from the new employer?
.

1) Yes, Employer can revoke I140 anytime, no matter if it's approved or not.
However, your I485 has passed 180days milestone since filing, and even though employer revokes your I140, your I485 portability is not affected.
2) Your status is AOS pending, you can stay legally without job. But when your I485 is adjudicated, you have to have job or job offer, otherwise, i485 will be denied. So if you think your I485 will be adjudicated very soon, you'd better find job quickly.
3) No.

 

[ginnu]

I concurrently filed I-140 and I-485 on Aug. 2003. My I-140 was approved in Jan. 2004. I am still waiting for I-485. I just got news today that I will be laid off in two weeks.

I have two questions:

1. Can my current employer still revoke my I-140?
-----------yes but if you find new job and you invoke AC21 with same/similar job duties you are safe. find employer who is ready to give permanent job offer letter to use AC21
2. Is there a grace period before I have to find a new job? I was given two weeks notice on the layoff. My current employment will terminate on Aug. 8th.

---------------- find new job ASAP becase at the time of I-485 approval you need to have job or permanent job offer
3. Does AC-21 require abitility to pay from the new employer?
------------------- to invoke AC21 you need letter from new employer with same/similar job duties and offer of permanent job+cover letter to request for AC21+I-485 filing reciept copy. USCIS can ask Ability to pay from new employer,no need to submit with AC21, if they ask then reply. I have seen 12-15 AC21 cases approved without asking ability to pay from new employer. If you think your I-485 may not get approved in 4-5 months then send copy of 2-3 recent pay stubs through new employer with AC21 documents.

Thanks a lot in advance for any advice.

 

[rohit_bha]

Follow-up question

Hi Ginnu & Folks,
I am working on H1-B (since 11/2000);even though I have a valid EAD which I have not used till date.My PD - 05/01 and I-485 RD 09/03 and I-140 approved.
There are chances of lay-off this month in my company.My question:
1) How soon I need to find a new job AFTER I get laid-off ?As I am currently on H1-B and not EAD; does that mean I have to find a new job within 1-2 months (as is the case with regular H1-B) ?

2) You mentioned earlier "If you think your I-485 may not get approved in 4-5 months then send copy of 2-3 recent pay stubs through new employer with AC21 documents."

--- With current retrogression scenario, I don't think that I can see my approval in another year or so ?(that too being optimistic). So, what does this change for me w.r.t. new job and filing AC21 ?

Does that imply that I can be without job for sometime ? Does USCIS check the continuity of jobs ? What if I get a job after couple of months and once I get it should I wait for another 1-2 months for getting some paystubs and then file for AC21 along with offer letter ? Or should I file AC21 just after getting the new job (without waiting for new paystubs) ?

Please suggest. I really like your posts/suggestions.
Regards.

 

[ginnu]

Hi Ginnu & Folks,
I am working on H1-B (since 11/2000);even though I have a valid EAD which I have not used till date.My PD - 05/01 and I-485 RD 09/03 and I-140 approved.
There are chances of lay-off this month in my company.My question:
1) How soon I need to find a new job AFTER I get laid-off ?As I am currently on H1-B and not EAD; does that mean I have to find a new job within 1-2 months (as is the case with regular H1-B) ?
------------- if you want to remain on H1 then find job ASAP and trasfer H1
2) You mentioned earlier "If you think your I-485 may not get approved in 4-5 months then send copy of 2-3 recent pay stubs through new employer with AC21 documents."

--- With current retrogression scenario, I don't think that I can see my approval in another year or so ?(that too being optimistic). So, what does this change for me w.r.t. new job and filing AC21 ?
---------------- that is upto you to join new employer and then file AC21. I dont have time to read your past posts
Does that imply that I can be without job for sometime ?
--------- with pending I-485 one can be with out job but at the time of I-485 approval you need to have permanent job offer
Does USCIS check the continuity of jobs ? What if I get a job after couple of months and once I get it should I wait for another 1-2 months for getting some paystubs and then file for AC21 along with offer letter ?
------------ you can do that and keep reading the PD developements
Or should I file AC21 just after getting the new job (without waiting for new paystubs) ?
--------------------- I will do that and submit pay stubs if asked, FYI pay stubs are NOT must for filing AC21
Please suggest. I really like your posts/suggestions.
Regards.