Hi Folks,
If any one has any experience or in this situation, please respond
Immediately after filing 140 and 485 concurrently(in CSC), was laid off by company A.
Joined Comp B after 6 months of 485 filing, but before 140 approval.
Got a rfe on 140, previous company responded.
------when did your lawyer/employer got RFE for I-140?
you got the I-140 approved after RFE, what date RFE was recieved or sent by USCIS?
when did past employer replied RFE????
If they replied to RFE AFTER you were laid off and your I-140 was approved after you left the employer, then it means they replied to RFE and they HAD the intent to hire you
” It seems to me that if your past employer replied to RFE and your I-140 was approved when you were not with him then employer has shown the Intent, becase if they dont have the Intent why they will reply to RFE???
sam2005 posted :There is a clause in william Yates memo "In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the form 140 was approved, to employ the beneficiary upon adjustment"
The 08/04/03 memo [
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf] says “In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment.
-------- The Memo has the above Clause and the same MEMO has the clause
" It should be noted that there is no requirement in statue or regulations that a beneficiary of formI-140 actually be in the underlying employement untill permanent residence is authorized. therefore it is possible for an alian to qualify for the provisions of106(c) of AC21 even if he or she has never been employed by prior petitioning employer........(read the LAST page of MEMO)
Maintained a good relation all along with previous company.
-------------the line about Intent at the time of I-140 approval is confusing for many. AC21 law does not have said anything about that.
Why the employer will file I-140 if he has no intent to hire the beneficiary upon adjustment??? why the employer will pay to lawyer and USCIS fees if he has no Intent? this is confusing statement in this memo.
I have not read any AC21 case posted here that it was denied becase of thatIntent issue.
FYI I have read a post that was emailed to me by somebody that person was employer by A and A filed I-140 the person left A and his I-140 was approved after he left A, he joined new employer B by H1 transfer and also filed I-485 based on A I-140 approval. after about 2 years his I-485 was transfred to Local USCIS. he was at that time working with B on H1 and as back up B also filed LC for him that was approved, B also filed New I-140 for him and that was also approved. at that time his I-485 filed based on past employer I-140 was transfred to local USCIS office for Interview. before the Interview his lawyer had the same concern about the above clause and wanted that person should get a letter from past employer that past employer had the intent to hire him after I-485 approval, the person told lawyer that he cannot get that letter. he sent email to me and i told him that his lawyer is saying to get the letter as saftey, he is eligible for AC21 and if the officer does not accept AC21 then he can substitue the new I-140 at the time of Interview with pending I-485. I dont have any update about that case as poster never updated me.
My question is
1.When to file the ac21 letter.Can wait till 140 approval, but what happens if 140 and 485 are approved concurrently(in case).
---- I thaught that you got I-140 approved. you become eligible to use AC21 only after I-140 approval and I-485 pending more than 180 days( according to August 2003 Memo and this MEMO May be changed in few months becase many lawyers have objection to it as AC21 does not say that I-140 MUST be approved, it has been discussed in meetings of AILA)
Does any one has any experience on this. Thanks.
