Very complex I-485 case

V

VasjaChlen

New Member
Hi all,

I have I-140 approved and Match 2002 I filed I-485 based on that.
May 2002 I was laid off.

Few days ago I got notice from INS that my I-485 application is denied because they got letter from my previous employer that they no longer intend to employ me and they do not wish to continue their support of my I-485 application.

I had consultations with lawyers.
First lawyer offered to appeal this decision because It’s against AC21.
Second one offered to file another I-485 application based on old I-140( it’s not revoked) and new employer information. Is it possible?

Could you give me some advises.
Thanks,

VasjaChlen
 
Since you do not fall under AC21, because that requires 180Days after filing the GC with approved I140, to switch the employer. From your posting in March 2002 applied for I485 and in May 2002 got laid off.

It does not matter when your employer sent the letter to INS, the proof is only up to May 2002 to show the employment with the employer.
 
VasjaChlen

Yours is a typical case. Employers normally would ask for revoking I-140 to express their intention to withdraw your GC. In your case they technically did not ask for revoking your I-140 but expressed their intention to not support your case any further. Since you know that I-140 is still valid, the next thing you need to find out is when did your employer notify BCIS about it's intention.
If they did notify BCIS after 180 days on I-485 with a letter stating that you were laid-off in May 2002, even then you are on strong grounds to go for an appeal with new employer letter. BCIS clearly states that it cares about the timing of notification, not the laid-off date. Problem arises if the employer notified BCIS before 180 days with a letter stating that you were laid-off in May 2002. Then your case has 50-50 chances when you appeal. The reason is, technically your I-140 is still valid but the letter went to them before 180 days. So, try to find out the notifying date. That is very critical to your case. Good luck.
 
VasjaChlen

BTW, BCIS has informed in several meeting with AILA that it is the notifying date that matters, not the laid-off date. You can find some posts on the issue at www.murthy.com
 
VasjaChlen

In that case, the chances are very slim. Try to contact Sheela murthy at once and take her advice for a fee. In a situation like this, advice from members here might be helpful but not completely reliable.
 
Looks like starting all over again is the choice..please wait for some more posts or discuss with good attornies like Rajiv Khanna, Murthy or Carl

:(
 
If you look at your options closely, you will have to appeal the decision since restarting the process is a really long process and currently difficult to find such employers unless you have some complex skillset.

You may in parallel start the gc process if your current employer is willing to do so.
 
Vasjachlen,

Based on the info you've provided - I strongly suggest you go with the appeal. But again as many senior members have suggested here - immediately take the advice of some senior and capable immigration attorneys - like Sheela, Rajiv or Carl. Do not delay - its worth the shot. I know of atleast one friend who was laid off before 180 days and the employer sent letter to INS. But he got a very good attorney and he got his 485 approved as well - so dont delay - although your case is precarious, I honestly think you can still make it.

Good Luck!
 
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