Withdraw 140/I-485

L

laptop2005

Registered Users (C)
Hi,

I have applied GC thru a consulting company.Now they are asking for a long term contract (3 years)with them,I am thinking of stoping the GC process with them and planing to look for another one.Since i have not yet started working for them, i will not be eligible to use AC 21.

1) I have not yey signed the contract with the company,if at all i am signing the contract ,is it legally valid so that if i break the contract it will be a problem for me.

2) Can i withdraw the filed 140/i-485 and refile with a different company ? IS there any legal issues in doing this other than the processing delay .

Any suggestions would be highly appreciated.

Thanks
laptop2005
 
laptop2005 said:
Hi,

I have applied GC thru a consulting company.Now they are asking for a long term contract (3 years)with them,I am thinking of stoping the GC process with them and planing to look for another one.Since i have not yet started working for them, i will not be eligible to use AC 21.
-------------------- one CAN use AC21 if you are eligible for AC21 it is not needed for GC to be working for employer while employer files I-140, GC is for future job AFTER I-485 approval(you did not provide detals if I-140 approved or not, when it was filed and when I-485 was filed,t
1) I have not yey signed the contrac with the company,if at all i am signing the contract ,is it legally valid so that if i break the contract it will be a problem for me.
------------ depends what is witten in contract and particular US state where the comany office is. others will guide for contract matter or you can take the copy of contract and meet YOUR lawyer and let him read the contract if you can break in future
2) Can i withdraw the filed 140/i-485
------------ you canot withdraw I-140 it belongs to employer but you can withdraw I-485 bacause I-485 belongs to YOU
and refile with a different company ?
--------- do you have LC approved for you from diffrent company?
IS there any legal issues in doing this other than the processing delay .
-------------- I dont know how many years you have left on H1 or other detals. if you belong to India, China then it will take a long time to get GC if new LC has to be filed by new employer.
Any suggestions would be highly appreciated.

Thanks
laptop2005
Click to expand...
 
laptop2005,

1) If at all possible do not cancel anything. Now they are even talking about worldwide retrogression soon in the State Department June Visa bulletin. Further who knows what problems you run into with PERM?

2) According to the new Yates memo (5/12/05) I-140 approval is not necessary anymore for AC-21 portability - just I485 pending more than 180 days.

You are in a good situation - use it!
 
Hi Ginnu & gc_2006,

I am in EB3-Schedule-A (PT).I filed 140/485 concurrently,my 140 is not yet approved and i am about to complete 180 days time period.
I am doubtfull about using AC 21 because i didn't work for the company yet.


Thanks
Laptop2005
 
Want to know if I am eligible to use AC21 ????

Ginnu/TheReal Canadian:
Here is my situation(in signature).
Can I use AC21 to switch jobs ????

1.140 and 485 appliedd in Mar 04 and still waiting for atleast 140.
2.While attending the AOS interview,the consulting company provided tax returns of 2000.01,02 and 03.
I do not have tax returns of company for 2004 yr and my w2 are 42 K(on LC is 44k)
3.I paid filing fees for attorney from my side and I have hired local attorney for interview also.

Pls can you answer the above questions.

thanks
 
Hi Ginnu/TheRealCanadian,

Since i have not worked for my GC sponsering company ,how can the employer prove that they have the intention to employee me and at the same time i cannot show that i have the intention to join them if i use AC21.

Thanks
Laptop2005
 
laptop2005 said:
Hi Ginnu/TheRealCanadian,

Since i have not worked for my GC sponsering company ,how can the employer prove that they have the intention to employee me and at the same time i cannot show that i have the intention to join them if i use AC21.

Thanks
Laptop2005
Click to expand...
Employer has cleared his intensions by issuing you letter for the employement while filing I-485. His intensions are not assumed to be not changed unless he writes it to USCIS.
 
Hi tammy2/Ginnu,RealCannadian/gc_2006

This means i am eligible to use ac21 even if i didint work for the sponsring employer (if i cross the 180 days).

How can i prove the my intention to work for the sponsring employer (even if i didint work for them) ?

Thanks
Laptop2005
 
laptop2005 said:
Hi tammy2/Ginnu,RealCannadian/gc_2006

This means i am eligible to use ac21 even if i didint work for the sponsring employer (if i cross the 180 days).

How can i prove the my intention to work for the sponsring employer (even if i didint work for them) ?

Thanks
Laptop2005
Click to expand...

You are confused. You do not have to prove any thing at this stage. You have clarified your intensions by signing I-485. Most probably that question will not be raised. Even if they raise you have to say it verbally.

In worst case Burden on the USCIS to prove that you did not have intension.
 
the intention really only comes into play if I-485 would get adjudicated before 180 days and you didn't work for the sponsoring employer. Once you are past 180 days it is a different story.
That's why you hear strange questions of people who have switched employers but then suddenly get their I-485 approved much earlier than they expected.

laptop2005 said:
Hi tammy2/Ginnu,RealCannadian/gc_2006
This means i am eligible to use ac21 even if i didint work for the sponsring employer (if i cross the 180 days).
How can i prove the my intention to work for the sponsring employer (even if i didint work for them) ?
Click to expand...
 
Hi All,

Since i have filed my GC concurrently (140\485) thru a consulting company and my 140 (peding for 7 months)is not yet approved and i am expecting a ability to pay RFE.Right now i got a good offer from a institution who are ready to sponser me. Can i withdraw my filed i-485?
Even though my application pending for more than 180 days and i havent worked for the sponsering employer .Due to this i am not very keen in using AC21. Can some body answer my questions.

Can the employer or USCIS create any legal issue if i withdraw my 485?
Will this affect my new GC process?
Should i tell a valid reason to USCIS for withdraw i-485 ?

Thanks
Laptop2005
 
laptop2005 said:
Hi All,

Since i have filed my GC concurrently (140\485) thru a consulting company and my 140 (peding for 7 months)is not yet approved and i am expecting a ability to pay RFE.
---------- if get RFE for ability to pay let employer/lawyer reply the RFE
Right now i got a good offer from a institution who are ready to sponser me.
------------ they have to start with new LC and if filed under EB3 and you belong to India china expect 4-6 years for GC as your new PD will be end of 2005
Can i withdraw my filed i-485?
------------- you can do that but why????
Even though my application pending for more than 180 days and i havent worked for the sponsering employer .
-----that is not needed
Due to this i am not very keen in using AC21.Can some body answer my questions.

-------------------- you should wait for I-140 approval and then use AC21 to be safe

Can the employer or USCIS create any legal issue if i withdraw my 485?
----------no, but second I-485 approval may be sent for Interview to local office
Will this affect my new GC process?
-----------No
Should i tell a valid reason to USCIS for withdraw i-485 ?
-------------- why do you want to withdraw I-485????? no reason needed to withdraw any petition. Your new employer CAN start new process for GC by filing LC and no need to withdraw pending I-485
Thanks
Laptop2005
Click to expand...
 
Last edited by a moderator:
Hi Ginnu,

Thanks a lot for the information

I got the informaiton that they used to get lot of RFE for Ability to Pay and finding tough to get it cleared.I this scenario i don't really know whether i should wait for a response.

Since i belong to EB3-SChedule A the GC process will not be delayed and i can feel more safer.

My new employer is ready to process my GC and he can file new 140/485 and i will get a new EAD.As of my knowledge you cannot have more than one 485 pending.So i have to withdraw my first 485.

Does this make sense to you ?

Another scenario is :
Can i file a new 140 and attach the new 140 to exisitng 485.
Will this create any problem ?

What will happen to the current 140. Will this become invalid

Assume the cuurent 140 is denied and second 140 is pending will my 485 get denied if that first 140 is denied ?
What will happen if the new offer is in a different service center.Can anything be done in this case?


Please reply

Thanks
laptop2005
 
laptop2005 said:
Hi Ginnu,

Thanks a lot for the information

I got the informaiton that they used to get lot of RFE for Ability to Pay and finding tough to get it cleared.I this scenario i don't really know whether i should wait for a response.
------------------- wait
Since i belong to EB3-SChedule A the GC process will not be delayed and i can feel more safer.
--------------- that is upto you
My new employer is ready to process my GC and he can file new 140/485 and i will get a new EAD.
--------------let him file and provide your A# on I-140 and new I-485 forms
As of my knowledge you cannot have more than one 485 pending.
----------------- one can have more than I-485 pending, nothing in the law prevents you filing second I-485
So i have to withdraw my first 485.
------------------ withrawal of previous I-485 NOT needed to file new I-485
Does this make sense to you ?
------------------No, I will keep that I-485 pending, nothing wrong with that
Another scenario is :
Can i file a new 140 and attach the new 140 to exisitng 485.
---------------------YES
Will this create any problem ?
-NO, once new I-140 is approved you can send new I-140 approval notice copy+ past I-485 filing reciept notice copy and request USCIS to approve your Pending I-485 based on new I-140( they will also know with your A# that you have second I-140 filed or approved)
Read:pEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

What will happen to the current 140. Will this become invalid
-------------- if it is approveable it will be approved, one can have more than one I-140 approved or filed
Assume the cuurent 140 is denied and second 140 is pending will my 485 get denied if that first 140 is denied ?
------------- if the first I-140 is denied then I-485 will be denied but if your second I-140 is filed or approved then the I-485 will not be denied
What will happen if the new offer is in a different service center.
--------------not a problem
Can anything be done in this case?
--------read above and for your confusion go to good lawyer


Please reply

Thanks
laptop2005
Click to expand...
 
Hi Ginnu,

This is the Quote from your earlier reply.

if the first I-140 is denied then I-485 will be denied but if your second I-140 is filed or approved then the I-485 will not be denied

Does this mean, even if the second 140 (With a defferent company)is not approved(just filed), then the 485 will not be denied.

Thanks
Laptop2005
 
Last edited by a moderator:
laptop2005 said:
Hi Ginnu,

This is the Quote from your earlier reply.

if the first I-140 is denied then I-485 will be denied but if your second I-140 is filed or approved then the I-485 will not be denied

Does this mean, even if the second 140 (With a defferent company)is not approved(just filed), then the 485 will not be denied.
------------- Yes it will not be denied if other I-140 is pending and your lawyer wrties your A# on I-140 petition, USCIS can check with A# that other I-140 is filed or pending or approved
Thanks
Laptop2005
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