Urgently Need help very badly.In big trouble. Please help... Please try to reply soon

G

gchelpneeded

Registered Users (C)
Hello, I need your help badly. My application is in bad state. I thank you for any suggestions in advance.

I was working for a company A since March 1999. Started GC in Dec 1999 in EB3 category. Labor cert. was approved, I filed I -140 in 2000. Unfortunately lost job in August 2001. Managed to Join another company B in August 2001. After joining company B, within 15 days, heard from company A's attorney that my I-140 application has been approved. Fortunately company A agreed to continue the GC process. Company A Filed I-485 in October 2001 for me & my wife. Since then we have completed finger printing, received EAD card & advance parole. Unfortuantely one week back I received a letter form company A's attorney that they can not represent me any more, since I am not employed currently with them. They have informed INS accordingly. I was close to INS reviewing my papers in couple of months. Do I have any chances? Please suggest any way that you can think of. I do not have much time left on H1B(less than a year) to start a new process. Do not know what to do? Please help. Please let me know if I have any possibilities of completing this process.
 
gchelpneeded: you are in much better shape than you think..

(i) Take a deep breath
(ii) You still have a job with company B. Is it of the same type description?? If so then excellent!!
(iii) Find yourself an Attorney who can represent you.

As per AC21, If INS doesn't adjudicate your case within 6 months (which ofcourse hasn't happened) you can work for another employer with the same job description.

If INS sends an RFE, your attorney can reply stating that you have used AC21 and are now working for another company. You will need a letter from Company B showing that the job title and description matches what you have on your Labor.

So I would suggest you find another attorney and get advise (you can do this yourself but it depends on your comfort level).
 
First of all,

(1) You said company A agreed to continue your GC. Why they rovoke your application at the last minutes? Is there anything tricky between? Did you anger them? Or you did not take care of them?

(2) If Company A decided to revoke your application and INS knows this fact before your gc is approved, I think you are completely out of luck becasue AC-21 policy does not apply in your case.

(3) The only slim hope is that
(a) company A's letter to revoke your application is lost in mail delivery. You are extremely lucky in this case.
(b) I am not sure whether you can do something to make company A to resume your application.

anyway, it seems out of your control. good luck.
 
--------
As per AC21, If INS doesn't adjudicate your case within 6 months (which ofcourse hasn't happened) you can work for another employer with the same job description.
-----

He says that he changed employer even before his I140 is approved. AC-21 does not apply obviously.





Originally posted by lamborghini
gchelpneeded: you are in much better shape than you think..

(i) Take a deep breath
(ii) You still have a job with company B. Is it of the same type description?? If so then excellent!!
(iii) Find yourself an Attorney who can represent you.

As per AC21, If INS doesn't adjudicate your case within 6 months (which ofcourse hasn't happened) you can work for another employer with the same job description.

If INS sends an RFE, your attorney can reply stating that you have used AC21 and are now working for another company. You will need a letter from Company B showing that the job title and description matches what you have on your Labor.

So I would suggest you find another attorney and get advise (you can do this yourself but it depends on your comfort level).
Click to expand...
 
gchelpneeded

The bottom line is, What does Company "A" say, are they still willing to continue with the GC process?, Is it only the Lawyer who is not willing to Represent you?.

If that is the case you have 2 options.

1-Negotiate a Fee with Company ''A" Lawyers to Represent you as an Individual. (Provided Company "A" is willing)

2-Hire a New Lawyer, again provided Company "A" is still supporting your Petition.

Now if Company "A" is not supporting the Petition, and Company "B" is Willing to Sponser your GC, and your job responsibilites, and Descripition are same, you can use the previously approved I 140, and continue with the AOS process, you just need to consult witha VERY GOOD Lawyer.

Hope this Helps
 
To counter what ric2 said:

GC is for future job..

you moved even before I-140 cleared - DOESN'T MATTER

when company A filed for your I-485 they showed intent to hire you for that future job..

At the point of 6 months from the filing of I-485 you were
(i) still waiting
(ii) still had some sort of an understanding with Company A that they will hire you when GC approves - they hadn't revoked the underlying I-140 or any such thing..

So then where is the problem.. Now Company A no longer has that job available to you, but you can work for Company B

I am slightly unlcear if Company A is trying to get their lawyers to cut you off OR is it the lawyers themselves that are doing it because of whatever reason..?

WHATEVER!!! JUST GET A GOOD IMMIGRATION LAWYER AND START WORKING WITH HIM/HER

People here can only offer advise on what they think is right..
 
I think you are really confused.
(1) You claim that GC is for future job. This is correct. But clearly, Company A is no longer to sponsor him and decided to revoke his application. Then how can you argue that Company A is willing to offer him a future job??

(2) AC-21 applies if and only if one changed employer after 180 days of I485 filing. Clearly, this is not the condition for him.

(3) LC and I140 is employer specific. If you are no longer with the same employer, LC and I140 is nullified. However, if he can join back to company A, he can use it for sure. But this is not the case also.

It seems like that you need to do more search on immigration issue.


Originally posted by lamborghini
To counter what ric2 said:

GC is for future job..

you moved even before I-140 cleared - DOESN'T MATTER

when company A filed for your I-485 they showed intent to hire you for that future job..

At the point of 6 months from the filing of I-485 you were
(i) still waiting
(ii) still had some sort of an understanding with Company A that they will hire you when GC approves - they hadn't revoked the underlying I-140 or any such thing..

So then where is the problem.. Now Company A no longer has that job available to you, but you can work for Company B

I am slightly unlcear if Company A is trying to get their lawyers to cut you off OR is it the lawyers themselves that are doing it because of whatever reason..?

WHATEVER!!! JUST GET A GOOD IMMIGRATION LAWYER AND START WORKING WITH HIM/HER

People here can only offer advise on what they think is right..
Click to expand...
 
Read the following thread

http://www.immigrationportal.com/showthread.php?threadid=52864


This thread has been kept on top and marked as important. This person quit the sponsorer before 180 days of 485 filing.

All you need is an employment offer letter from company B, recent paystubs and a good lawyer to represent your case. I think you are a convincing fit for AC21.

I left my sponsoring company even before LC was approved, and joined them after 485 was filed. In my case GC is for future job was my understanding. My case got approved.

I think you should be ok.
 
Last edited by a moderator:
Hi dont worry...

I think my case is also simialr to this.
But i paid the Company A lawyer to represent me.

According to ur message, it sounded like the lawyer will not be representing u anymore. Ask him how much is his fees to represent u.

According to my lawyer, even though u were working for a different employer at the time of I140 approval. You can still use Ac21. But he said since the AC21 law is not that clear he is hesitating a bit to use it.

So talk to the lawyer and find out whats he meant by that.

Hope this helps
Good luck and let us know what happens.
Sudhi
 
Oh Common ric2, lighten up. I know people who moved Companies after labor cleared (repeat LABOR) and are now processing I-485 through Company A while working for CompanyB

On (1) below all I said was at the time of filing Company A showed willingness to hire him for a future job and continued to do so at least till Apr 2002 (which is when 6 months would have passed based on Oct '01 RD)

On (2) there have been so many instances where people have gotten approvals with changing employers before 180 days - it is not a happy situation but "life" happens

On (3) as july 16 said you can continue to use the previously approved I-140.. lawyers have fought it out and have won that after 180 days of I-485 pending the I-140 cannot be revoked by the original company

Originally posted by ric2
I think you are really confused.
(1) You claim that GC is for future job. This is correct. But clearly, Company A is no longer to sponsor him and decided to revoke his application. Then how can you argue that Company A is willing to offer him a future job??



(2) AC-21 applies if and only if one changed employer after 180 days of I485 filing. Clearly, this is not the condition for him.

(3) LC and I140 is employer specific. If you are no longer with the same employer, LC and I140 is nullified. However, if he can join back to company A, he can use it for sure. But this is not the case also.

It seems like that you need to do more search on immigration issue.


Click to expand...
 
Ric2 is correct

I think Ric2 has a valid point. However INS with it's enormous ambiguites and uncertainities can still consider your case under AC21. Get a good lawyer first and foremost .
 
You are o.k....

You are NOT in trouble...

If company A informed INS for real, get an employment+AC-21 letter from company B informing INS that you work in a similar job.

In my case, I got my I-140 approved through company A. Company A also provided letter of future employment to go with the I-485 application. I was working for company B before I applied for I-140. I still work for company B. I did not write AC-21 letter to INS (although they're probably going to send an RFE) because the companies are very close. I am still thinking of sending in the AC-21 letter myself, but I don't want to complicate things-I'd rather start working for company A again.

I had questions myself a long time ago, and my lawyer said that some people get employment green cards while working overseas-the future company here applies for I-140+provides support letter for I-485, and then the people do Cons. Proc..

Make sure your AC-21/ employment letter arrives with the INS, otherwise they'll send you an RFE. There is a forum on Yahoo, and several threads, where you can find sample letters for AC-21.

It's not bad at all...good luck!
 
Now this gives me jitters !!!!

I have just received an RFE. mailed on..Sep 19th...RD is 09/07.
Still to know what INS requires.

Last year in March I got laid off from the company A through which I had filed for my GC. My I-140 was approved before that but since priority dates weren't current I couldn't file for I-485. My H1 too was expiring in April. I managed to find a company who applied for an H1 transfer b4 my H1 expired. I worked for them for a month and did not receive any pay stubs during that time. In July my previous company found a project for me and asked to to work for them again. I explained them that my H1 has expired and they did apply for a new H1. I have then applied for I-485 through them and now waiting............Still with company A......and hopefully till I get and reply to the RFE.

Do you feel I am alright or it's just me thinking of weird possiblities about RFE being about my job change?

Pl. post ur opinions...
 
Originally posted by ric2
I think you are really confused.
(1) You claim that GC is for future job. This is correct. But clearly, Company A is no longer to sponsor him and decided to revoke his application. Then how can you argue that Company A is willing to offer him a future job??

(2) AC-21 applies if and only if one changed employer after 180 days of I485 filing. Clearly, this is not the condition for him.

(3) LC and I140 is employer specific. If you are no longer with the same employer, LC and I140 is nullified. However, if he can join back to company A, he can use it for sure. But this is not the case also.
Click to expand...

Ric2, you're pretty much incorrect here.

First, while the future job no longer exists with Company A, that doesn't preclude an AC21 transfer. The question is, has Company A requested withdrawal of the I-140? If not, then the future job still exists in the eyes of the law. If they have withdrawn the I-140, when did they do it? If they did it after 180 days of the I-485 receipt, then the AOS can still be approved - there's precedent for this. However (and this is your one area of accuracy) if they withdrew the I-140 less than 180 days after the I-485 receipt our original poster is completely screwed.

Second, I call BS on your I-485 interpretation. Show me one piece of the AC21 statutory language or the INS interpretation memo that requires that the beneficiary have worked for the petitioner for even a single day before the Green Card approval. There is none, and there's no requirement. AC21 does *NOT*, at present, require you to work for your sponsor.

Third, if you leave your petitioning employer, your I-140 and the underlying Labour Certification do NOT become invalidated. There's a contradiction in your post - either they become invalid (in which they cannot be used if you return) or they don't. Approved I-140s live forever until they are withdrawn or used in an I-485 or CP proceeding.

I think you've got an overly simplistic view of EB immigration.
 
The letter that I received from company A, does not say they have revoked the I-140 or I-485. It only says they can not represent me as lawyer and informed same to the INS. So I think my application is not revoked. Please continue suggesting. I am so much tensed and worried. Total bad luck just for few months.
Company attorney does not want to take this case privately. Tried to convince him, but he says he can not.
 
Hire a new Attorney and explain him the problem. Ask him if he had taken any case like this, some attorney’s know how handle this kind of issues. He will get all the paper work from the previous attorney. I don't see any major problems as long as you have a job which is similar to the one mentioned in LCA.
 
hi

guys: my case is kinda weird. i have applied for 140 /485 and the company isnt doing good any more. they are letting everyone go and are just keeping couple of employees including me, to run fro coupleof more weeks to see whether they can get any deals.

they are changing my h1 status to part time by applying for a lca amendment. does that affect my h1 and ultimately my gc?
if this doesnt workout they are planning to shutdown in 3 weeks, in that case they will cancel my lca (labour condition application).

please advice as to best course of action.

ks
 
1amShantanuB

1amShantanuB: is that addressed to me?
do you think i can ditch the gc and leave? is there any way i can salvage my gc?

ks
 
You must log in or register to reply here.
Top