What should I do?

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aws

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My I140/1485 were filed concurrently on 10/21/2003. Recd. AP/EAD in 12/2003 and FP cleared on 05/26/04.
I have a direct offer from a major automotive OEM, which is like a dream job for me. Looking at the movement of I-140 at NSC, I have no hope that my
I140 will approve within this month.

My dilemma is: whether change to this similar job using AC21 or not?
Pl. advise.
 
Talk to your current attorney and also the new company attorney and find out what they think about using AC21 without I-140 approval.
 
Is your present job stable?
If it is then hold on .Its best to get your 140 approved
before you jump jobs.However if you are in danger of
losing our job just take the new one and join the people
who BELIEVE!!!!!!(read Naanshi).
BTW I myself believe that 140 is not required so long as you
have completed 485+6.
 
This move is risky and not advised by attorneys (personal experience), unless there is no option.

Reason - If the I140 is denied for any reason then your AC 21-485 will be void and you will need to start all over again.
 
pablasingh said:
Reason - If the I140 is denied for any reason then your AC 21-485 will be void and you will need to start all over again.
Click to expand...

pablasingh,

If I-140 gets denied "for any reason", do you think your I-485 will be valid, even if you didn't use AC21???

naanshi.
 
Last edited by a moderator:
Bottomline is you DO need an approved I-140. Maybe not while invoking AC21, but certainly I-140 has to approve before your 485 is approved. So, might as well wait for the approval of I-140 and then change jobs, because this way you are with the employer and it is in his interest to reply to any RFE's and to ensure that I-140 is approved.
 
Guys,

This is a very risky move. Eventhough 140 is approved now, INS may find out about all the confusion and revoke 140 (May be when they try to approve 485).

They can pretty much mandate Approvals or denials.
 
Please advice me---

Hello everyone. This is the first time I am posting here.

Here is my situation. I am a physician.

Right now I am working for company "A" on H1B In Health Administrative Job. Company "B", applied for my labor with my current job title and got it cleared.

Company "A" is a Sub Division of Company "B". Company B filed for I-140 and I-485 on Nov, 2003 for me and my wife.

We got our Ap and EAD in Dec, 2003. Till then our status is not updated except for one address change for our in town move.
We both didnt get the FP till now. We are still waiting for I-140 approval.

Now I got an offer for residency which I have to start on my EAD. The job which I am doing different from the job which I may start. Till now my wife or me never worked on EAD.My employer will fully support me for any number of years.

Please advice me Will it be ok if I start my new job in different job title on my EAD, as my green card is for my future job?

My employer will answer all the RFEs if any thing we get in the future.
He is ready to consider my residency(can be considered as training) period as vaccation and will keep my job for future.

One more question are there any more I-140/485 applicants with Reciept dates in Nov and still waiting for FP

Not getting FP notice--Is it any thing negative with our application?

So if any of gurus can advice me regarding this, I will be very thankful to you.

NSC, EB3, Recipet Date: Nov 18, 2003, IL
 
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