Using EAD after employer withdraw I-140

G

GCConfuser

Registered Users (C)
Hi guys,

My I140/485 were filed September 03 by company A. I am one of the unlucky one that will not get them approved before 2005. My EAD will be valid till September 2005.

With the retrogression, I decided to give up the waiting. I am planning to take a new offer from company B. The attorney from company B said that it is OK to use my EAD even if company A withdraw my I-140 application. He said after that company B will then help me file EAD application base on my wife's I-485 case.(We filed two I-485 applications, one base on my employment EB3, one baed on my wife's appoved NIW).

Base on my understanding, if A withdraw my I-140, my I-485 will be denied immediately. Since my EAD is based on I-485, the EAD will be invalid immediately.

Please advice whether my understanding is right or company B's attoney is right?

thanks very much.

Happy New Year to you all!
 
GCConfuser said:
Hi guys,

My I140/485 were filed September 03 by company A. I am one of the unlucky one that will not get them approved before 2005.
-- why? they have not stoped I-140 processing
My EAD will be valid till September 2005.

With the retrogression, I decided to give up the waiting. I am planning to take a new offer from company B. The attorney from company B said that it is OK to use my EAD even if company A withdraw my I-140 application.
------ lawyer is correct, you can use EAD till you dont get letter from USCIS that your EAD is NOT valid or it is revoked your EAD will be denied once they deny your I-485.
He said after that company B will then help me file EAD application base on my wife's I-485 case.
------ yes you can get EAD if your wife I-485 is pending and you have also other pending I-485
(We filed two I-485 applications, one base on my employment EB3, one baed on my wife's appoved NIW).

Base on my understanding, if A withdraw my I-140, my I-485 will be denied immediately. Since my EAD is based on I-485, the EAD will be invalid immediately.
------correct
Please advice whether my understanding is right or company B's attoney is right?
------- if your other derivative I-485 is also pending you CAN get EAD AP on that base, lawyer is correct, file for new EAD or EAD renwal 5-6 months advance to be safe before the EAD expires
thanks very much.

Happy New Year to you all!
Click to expand...
 
Thank you Ginnu,

I have to made a decision before Jan 10. I did apply EAD based on my wife's application. But the EAD was denied. INS said it is because I already got one base on my application.

Following their logic, if two different I-485 applications can have (share) one EAD, then if one I485 is denied, the EAD should still be valid as long as the other I485 is still pending.

Am I right?
 
GCConfuser said:
Thank you Ginnu,

I have to made a decision before Jan 10. I did apply EAD based on my wife's application. But the EAD was denied. INS said it is because I already got one base on my application.

Following their logic, if two different I-485 applications can have (share) one EAD, then if one I485 is denied, the EAD should still be valid as long as the other I485 is still pending.

Am I right?
Click to expand...
Your second EAD application will be considered only after u inform USCIS to cancel the first pending 485 application.
 
fast_gc_seeker said:
Your second EAD application will be considered only after u inform USCIS to cancel the first pending 485 application.
Click to expand...
------- what is the base of your statement???? I have a friend who filed I-140 through comany A and after approval of I-140 he filed I-485 EAD AP. he got EAD and AP approved and later also got EAD renewed based on that I-485. he was asked to leave after I-485 filing so he thaught that employer may cancell or revoke the I-140. he joined comany B on H1 and filed new LC that got approved in 3 months and then he filed second I-140 through B and also filed second I-485 with EAD and AP(second I-140 throgh B also got approved 20 days back). he got new EAD AP approved based on second I-485. He has two EAD at this time and both are valid. FYI he filed I-485 based on A I-140 with NSC and second I-485 with VSC. in his case he has not cancelled any I-485 both the I-485 are pending, where did you read that one need to cancell the first pending I-485?????

Recently he got his first I-485 transfred to local USCIS office it clearly means that employer A did not withdraw or revoke the I-140 or the USCIS chcked in CLAIMS with his A# that he has also second I-140 approved and now he will attach the new employer B job offer letter to use AC21 or can substitute(interfile) the new I-140 approval with pending I-485 that got transfred to local USCIS and will not use AC21 and can get first I-485 approved and once his first I-485 gets approved any other pending I-485 automaticaly becomes void becase both I-485 will be having the same A# or USCIS at later date when they touch his second I-485 will come to know with his A# that he is already approved



GCConfuser:
I have to made a decision before Jan 10. I did apply EAD based on my wife's application. But the EAD was denied. INS said it is because I already got one base on my application.

Following their logic, if two different I-485 applications can have (share) one EAD, then if one I485 is denied, the EAD should still be valid as long as the other I485 is still pending.

Am I right?
-------right, and also read what I wrote above may help you
 
Called USCIS today and some days before

Thank you very much Ginnu,

Just want to share with you guys what I found out by calling INS. Several days ago, I talked to a IO, a laday, after she understand my situation, she said as long as I485 pending for more than 6 month, one can switch jobs regardless of I140.

Today, after talking to my current employer, they said they are going to withdraw my I140 definitely and reuse LC for someone else once I leave. So I called INS again. This time got transfer from CS to one IO, and then further to another IO(I assume he is of higher rank).

First he said no problem to switch, then I said current employer will withdraw I140. He put me on hold for 20 minutes. Then come back and site me public law 106-313(AC21), and said it is safe to transfer according to AC21. I mention to him Yates Memo on AC21 requires I140 to be approved, and he said that is for case less than 180 days.

So both IOs OK with two I485 cases, and both of them said I can re-apply EAD based on my wife's application, just return with a copy of current EAD.

thanks
 
GCConfuser said:
Thank you very much Ginnu,

Just want to share with you guys what I found out by calling INS. Several days ago, I talked to a IO, a laday, after she understand my situation, she said as long as I485 pending for more than 6 month, one can switch jobs regardless of I140.

Today, after talking to my current employer, they said they are going to withdraw my I140 definitely and reuse LC for someone else once I leave. So I called INS again. This time got transfer from CS to one IO, and then further to another IO(I assume he is of higher rank).

First he said no problem to switch, then I said current employer will withdraw I140. He put me on hold for 20 minutes. Then come back and site me public law 106-313(AC21), and said it is safe to transfer according to AC21. I mention to him Yates Memo on AC21 requires I140 to be approved, and he said that is for case less than 180 days.

So both IOs OK with two I485 cases, and both of them said I can re-apply EAD based on my wife's application, just return with a copy of current EAD.

thanks
Click to expand...

That's very interesting. I wonder if they are working from some other internal memo.
 
GCConfuser said:
Just want to share with you guys what I found out by calling INS. Several days ago, I talked to a IO, a laday, after she understand my situation, she said as long as I485 pending for more than 6 month, one can switch jobs regardless of I140.
Click to expand...

The consensus is that USCIS phone support doesn't know what they're talking about. Just because they tell you something favorable does not mean you should deviate from that assumption.

Then come back and site me public law 106-313(AC21), and said it is safe to transfer according to AC21. I mention to him Yates Memo on AC21 requires I140 to be approved, and he said that is for case less than 180 days.
Click to expand...

USCIS has never stated what would happen if the I-140 was withdrawn (not revoked) after 180 days, ie. it was never approved to begin with. I would be extremely surprised if your I-485 could be ported based on AC21 if there never was an approved I-140 in the first place.

Your safest course of action would be to immediately write USCIS via certified mail, return receipt requested, asking to amend your I-485. You are now filing as a derivative beneficiary of your wife's application.

USCIS may surprise me yet, but my gut is that once they get the I-140 withdrawal from the employer (unless it has been approved) then your I-485 will be denied. You may or may not get an NOID in such a circumstance.
 
ginnu

Ginnu,
I have sent a private message for my rfe. COuld you please respond it to me. I am desperatly need your help.

Thanks
Nonsy
 
GCConfuser said:
Thank you very much Ginnu,

Just want to share with you guys what I found out by calling INS. Several days ago, I talked to a IO, a laday, after she understand my situation, she said as long as I485 pending for more than 6 month, one can switch jobs regardless of I140.

Today, after talking to my current employer, they said they are going to withdraw my I140 definitely and reuse LC for someone else once I leave. So I called INS again. This time got transfer from CS to one IO, and then further to another IO(I assume he is of higher rank).

First he said no problem to switch, then I said current employer will withdraw I140. He put me on hold for 20 minutes. Then come back and site me public law 106-313(AC21), and said it is safe to transfer according to AC21. I mention to him Yates Memo on AC21 requires I140 to be approved, and he said that is for case less than 180 days.

So both IOs OK with two I485 cases, and both of them said I can re-apply EAD based on my wife's application, just return with a copy of current EAD.

thanks
Click to expand...

GCConfuser - which service center did you file your 140/485 at?

Thanks!
 
I have two 485 pending from two different I140 and two different employers.
I did address change on I485 and got a letter today from USCIS stating that the address change has been accepted. They also mentioned that since the visa in 3rd preference is not currently available both of my cases will be pending until the visa is available.


First 485: Used my own labor PD May 2002, I 140 approved.
Second 485: Used substitute labor, I140 approved and mentions the PD of original labor which is Jan 2001.

What I can’t understand that why is USCIS telling me that the visa is not available for both the cases?

I recently joined the second company using the EAD from Second 485 petition. Now if I have to get GC based on First 485 since it has better priority date do I need to apply for a new EAD based on First 485?

Please advice!
 
member77 said:
I have two 485 pending from two different I140 and two different employers.

----- that is not a problem, I think your I-485 may be transfred to Local office for Interview( no need to worry, it is just formality) when you go to Interview take the letter of currunt employer job offer. once the I-485 is approved the second I-485 will automaticaly gets abondned ( USCIS can check with your A# that other I-485 is approved and may not send any letter, if you wish you can update the the service center that your I-485 #....... has been approved for employer XYZ on date......)
I did address change on I485 and got a letter today from USCIS stating that the address change has been accepted. They also mentioned that since the visa in 3rd preference is not currently available both of my cases will be pending until the visa is available.


First 485: Used my own labor PD May 2002, I 140 approved.
Second 485: Used substitute labor, I140 approved and mentions the PD of original labor which is Jan 2001.

What I can’t understand that why is USCIS telling me that the visa is not available for both the cases?
----- USCIS is correct for PD of MAY 2002
---- for second I-485 it may be wrong info from USCIS and you can contach your congressman with the copy of letter and point out that USCIS is giving incorrect info
***( some lawyers say that for substituted LC your PD will be the date of I-140 filing, talk to good lawyer)
I recently joined the second company using the EAD from Second 485 petition.
Now if I have to get GC based on First 485 since it has better priority date do I need to apply for a new EAD based on First 485?
----- YES, and you can also use AC21 if you are not with the employer of first I-140, LC
Please advice!
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