Weird Situation NEED HELP - Hanuman

H

Hanuman

Registered Users (C)
Friends, This is the same Hanuman but now MORE CONFUSED and once again need your help.

Here is my case update. EB3 India ND 9/99.

On Jan 4th 01 called up IIO and learned RFE is generated on 12/27/00 but RFE will go out in 60 (yes sixty) days due to backlogs.

On Jan 10th Company that filed 485 etc..Taken over by another company.

The type of transaction is different than normal take over or aquisition so H1B visa holders will not be rolled over to the new company and they have to file for H1B transfer....My H1B staus is still maintained by my employer (Prior to Jan 10). The new employer assured us of doing the right thing in a week or so....I don\'t have any problems since I have valid EAD till Oct 01.

I had a first meeting yesterday with New Management of the new company and
I have a feeling that they may not be very supportive (my gut feeling..which is right 99% of the time)

I have a new offer today in my hand which is VERY GOOD and PAYING MORE. I HAVE TO REPLY THEM BY NEXT WEEK i.e by Jan 24th.

I called IIO today and he said to me that RFE WILL NOT GO OUT UNTILL FEB 2nd because of the same BS of backlog and less manpower.

My attroney says wait untill we get the RFE and then think of changing job. ( my attorney is conservative)

My QUESTIONS ARE

1]SHOULD I CHANGE THE JOB ??????????
2]If I continue with this new employer who took over my company DO I HAVE TO FILE FOR AMENDED or REDO I-140?
3]If I loose this opprtunity of new offer I don\'t know how long I can survive with the new AQuireing company
4] What if I join this new lucrative job and RFE COMES OUT TO BE FOR EMPLOYMENT VERIFICATION???

I can not think at this time so please helpand I may come up with more question once I settle down.

Thanks In Advance

Hanuman
 
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Hi,
My ND is also 9/99 and EB3, India. A RE was issued on 12/27/00 for me and my wife. It got printed and my lawyers received it on 4th Jan 2001. They basically asked for employer letter , latest 3 pay stubs and 99 tax returns and W2.
Hope this helps.
 
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1]SHOULD I CHANGE THE JOB ??????????
Up to you. But think of it this way. If you move to new company, and if they do not want to give you continued employement (I guess this is your feeling), then you are in trouble. So you can as well switch job and fight for the eligibility on new law which allows you to change jobs after 180 days (You have completed if I am not mistaken). Or, talk to your new boss and explain him the situation and ask him whether there is any assurance from his side to support your GC.

2]If I continue with this new employer who took over my company DO I HAVE TO FILE FOR AMENDED or REDO I-140?
Not sure. Probably, you will have to file a new 140.

3]If I loose this opprtunity of new offer I don\'t know how long I can survive with the new AQuireing company
Explain your situation to your new employer, and ask him whether his attorney can take care of the GC process from where it is (meaning fighting if required to take advantage of new law). If they are not willing to do it, then there is no point in considering them.

4] What if I join this new lucrative job and RFE COMES OUT TO BE FOR EMPLOYMENT VERIFICATION???
Again, if you get an attorney who is confident to get you the benefit of new law, then you are all set. Again, think yourself. These are just my opinions.
 
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Hanuman,

This is a really sticky situation and it\'s very difficult to say what would be the right step to take. However, here are the possibilities ...

1. If you change job before RFE and RFE is about employment verification, it is very likely that your case will be transferred to the local office for an interview. At that time, you\'ll have to prove/convince the INS officer that you intend to work for old /merged employer.

2. If you wait for RFE and RFE is about employment and if the merger of your company is official, then your response will most likely cause an I140 redo. Your case will most probably not be transferred and your I140 redo will be approved expeditiously. This whole process will take atleast 2 more months from the time you receive RFE, before the review of your 485 is completed. If the acquiring company is ready to go through this, it\'ll be a less risk option.

The worst case scenario is your GC thru your current employer gets denied. You can take that risk, if
1. you can get your GC process restarted as soon as you join the new employer (before RFE reply), (e.g. RIR labor and eb2 I140) and
2. you have some time left on H1, so that you can move back to H1 status immediately, if AoS is denied and
3. your new employer is financially stable.

These are just my suggestions and given your case information, I\'d strongly recommend you get some consultation from a reputed immigration lawyer before you take any step.

Best luck, buddy!
 
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You will get your RFE in few days; IIOs always give you the most extended days for anything. You can decide after that. However…

As per AC21 law, we are allowed to change job with another company in the same field. Some of them went through and got GC. Check this post http://www.immigrationportal.com/WebX?50@@.eed675e INS may transfer your case to the local office for an interview. At that time, you\'ll have to convince the INS officer that your are in the same field, etc.

And also as per Law Offices Of Rajiv S. Khanna
Q. My I-485 has been pending for over 180 days, can I now change employers without jeopardy to my green card?
A. Please wait. The mechanics of this can only be decided once the regulations are promulgated. We do not know what sort of documentation would have to be presented to INS to facilitate the move.
 
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Thanks friends I think after so many sleepless nights and endless stress " I JUST CAN\'T TAKE IT ANY MORE ".

I have seen good amount of posts and assume they all are genuine mentionnig APPROVAL AFTER CHANGING JOB.

I may be over cautious and trying to runaway from uncertainity and not willing to take any risk. This attitude of mine has put me at a stage of STAGNENT AND NO GROWTH position.

I have consulted my wife and friends also mother and father in India and every body is of the opinion that " HELL WITH GC IF IT HAS TO COME IT WILL COME MAY BE A YEAR OR TWO LATER" but for that I should not sacrifice my present and future. In a nut shell they think I should change the job.

So I am going to change the job Next Monday Jan 22, 2001.

I hope things will work out. I will keep you posted of developements.

Please pray for me and THANKS VERY MUCH FROM THE BOTTOM OF MY HEART.

Also if any body thinks I should not, please post your views with reason.

Sincerely

Hanuman
 
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Hanuman,

Good to see that you have taken a decision. Do ask your new company to start your GC "ASAP", with RIR labor and EB2 I140 if you qualify for that. Also, most probably you\'ll also be able to retain your current PD.

I think you have taken a bold decision and good one too!! This experience will definitely make you a stronger person.

Finally, on isn.org, lallisri is trying to maintain a tracker for people changing jobs. You might want to post your info to that tracker so you can keep in touch with people in similar situations.

Best luck buddy!!
 
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Bold decision and excellent attitude. These two will definitely help you in achieving what you want. Good luck.
 
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Thanks very much AquaLung, KiranHegde2,klm,ranjan and vyasram for your response and best wishes. Here is update with regards to my EB catagory.

First it was approved for EB2 I have Bachelors degree with over 12 yrs exp of which 7 yrs in Europe (Uk, Switzerland, Denmark and France)
but later INS asked my lawyer to take in EB3 mentioning EXPERIANCE IS NOT PROGRASSIVE my attorney at that time accepted in EB3 as the priority dates were current and filed 485.

Here in new Position I am taking up a managerial post in the same field so I think i should be able to file for EB2.....

Also I will be working on EAD so I still will have 2 yrs and 8 months left on my H1B just in case.....

I think I will be able to get a letter from my ORIGINAL EMPLOYER showing there interest in re hiring me...who filed for my 140 they are still in business with the same name but only a division was taken over in which I worked.

Please suggest any thing else I should do????
 
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Hanuman,

With that amount of H1 left, I think you are perfectly covered for almost all the risks. Do start your GC from new employer ASAP ... I can\'t emphasize this more. Starting this process doesn\'t cancel your existing filing, but it is safer just in case. Also, this time don\'t settle for anything less than EB2!!

Best luck!
 
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AquaLung do you think I ahve to transfer my H1 also or I just start from RIR labor? What will happen to EAD at the time of renewal?

Thanks
 
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Way to go Hanuman I think you are taking correct approch to your life changing situation out best wishes are with you and your family.

Good luck Buddy
 
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I don\'t think you have to xfer H1. The only advantage in xferring H1 is if your current 485 gets denied for some reason, then you don\'t go out of status, since you have an H1 status. INS doesn\'t require you to file H1 to file for GC (remember GC is for future job and strictly speaking you need not even be working with an employer for that employer to start your GC. Ofcourse in the real world, no employer will file for your GC unless you start working with them.) You can renew your EAD as long as 485 is pending (i.e. neither approved nor denied); EAD is not bound to any employer.

Hanuman, I feel you have absolutely nothing to worry about bcoz ...

1. your current employer is willing to give employment letter and
2. you have ample time on H1 and
3. you\'ll easily qualify for eb2 and
4. you\'ll probably be able to retain your PD, if not EB2 PD is less than 10months away from today!!

Buddy, you can change your job today, if you want!! :)
 
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Hanuman your case is pretty interesting by the way what is your priority date ? and what part of India are you from?

Thanks
 
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Radhika B my PD is 12/98 and I am from western part of the country Ahmedabad, Gujarat State
 
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