Urgent: Shall I rejoin the previous employer?

W

waitingGC2002

Registered Users (C)
Hi Please give me some advice:

My previous employer (employer A) filed my I-485 (together with AP and EAD) last May, and I was laid off in July. Join employer B a month after with H1-B. Received RFE in March and was asked for employment letter from employer A, who filed my I-140. I submitted the employment letter from employer B and a month later, my case is transfered to local INS (Arlington)

Now employer A made an offer to me, but they prefer me to work on EAD instead of H1-B. My question is: Since my case is transfered locally, I will definitely have an interview with INS. Is taking the offer from my previous employer (A) going to help my case?

Thanks in advance.
 
You might wanna talk to the lawyer first.

We all here aren\'t much expert in this whole stuff and your case looks little complecated to me. I dont want to scare you off but you might want to talk to some lawyer before making it more complecated. May be its not as serious as I think it is. Its last moment of this whole story, so dont lose it for some little amount of money. Go talk to the lawyer.

best luck.
 
I received a RFE from INS...

I did not notify INS of my job change, but was unlucky enough to receive a RFE. I answered RFE with an employment letter from Co. B. That\'s it.
 
I received a RFE from INS...

I did not notify INS of my job change, but was unlucky enough to receive a RFE. I answered RFE with an employment letter from Co. B. That\'s it.
 
Interesting

Yours is an interesting case and could be a first of its kind. You changed jobs before the 180 days were completed from receipt of I-485, but the case was abjudicated AFTER 180 days were over. Your case could be a guide to others in a similar position. There was a case on this board recently where the GC was approved where a candidate was approved even when he changed jobs before the 180 day limit (AC-21). However, you want to go back to the original employer. I would definitely urge you to speak to your lawyer in detail and take him/her with you if they call you for an interview. Do not use your own judgement on this. In my opinion, it may be benificial to go back to the original employer, but this is just an opinion. TALK TO YOUR LAWYER.
 
My opinion

Hi there!! You are safe as long as the Company A has a job for you and have not withdrawn your I 485.
 
1)GC is for future job. According to law requirement, you have to work for the sponsoring company after getting to your GC . So company can sponsor an employment based GC for their prospective employee (In my case, my employer applied for LC when I was with a different company. I joined my GC sponsoring company only after getting I 140 !!..)

2) The reason to stay with sponsoring company for 180 (min) is that, after 180 days, the I 485 case belongs to you as long as you manage to get another job with the same job description and geo-conditions etc.. Till 180 days, the case belongs to your sponsoring company and they can request INS to STOP the case anytime.

So, in your case, make sure company A has not sent a letter to INS and then join them.. anyways, consult your attorney please.

Also, good luck.
 
Thanks, all

I talked to my attorney. Her take on this issue is: going back to Company A will not benefit me when it comes to the interview, since Company B has become my GC sponsor at the moment, so I am really changing job one more time; nor will the move become a hindrance in getting an approval. But if I go back to Company A, I need to notify INS.

Company A only withdrew my H1-B, but I-140 and I-485 are still valid - I\'ve confirmed with Company A\'s lawyer.

Hope this will help those who are in similar situation. And if you did change an employer, either before 180 days or after, notify INS on your OWN - do not wait for RFE.

Thanks -
 
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