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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 03-03-2009, 02:59 PM
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Default Unemployment during EAD and its implications

Friends,

I am in a difficult position please advise. I was laid off. My employer will send a letter to USCIS saying that my employment has been terminated next week. However, they will not revoke my I 140. My PD is Dec 2004.

What are the chances that I will receive an employment related RFE ? If I am not able to find employment in time to respond to a possible RFE, what are my options ? Please advise.

Thanks
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  #2 (permalink)  
Old 03-03-2009, 03:09 PM
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Originally Posted by rb_248 View Post
Friends,

I am in a difficult position please advise. I was laid off. My employer will send a letter to USCIS saying that my employment has been terminated next week. However, they will not revoke my I 140. My PD is Dec 2004.

What are the chances that I will receive an employment related RFE ? If I am not able to find employment in time to respond to a possible RFE, what are my options ? Please advise.

Thanks
OK - see. To get your 140 revoked all that employer has to do is to send a letter to USCIS stating that you are layed off and no longer work. This is EXACTLY what employers do when they say they are going to revoke 140. They specifically do not go to USCIS asking revocation, they do not fill out any forms - all they do is to send a letter to USCIS.

Once USCIS receives that letter - they usually act within a few weeks, so best thing is to send them a letter of employment that you have done a AC21 job change. Start looking for jobs in same or similar field right away.
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  #3 (permalink)  
Old 03-03-2009, 03:20 PM
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Default this critical situation

what does your attorney say?
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  #4 (permalink)  
Old 03-03-2009, 03:20 PM
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Originally Posted by chanduv23 View Post
OK - see. To get your 140 revoked all that employer has to do is to send a letter to USCIS stating that you are layed off and no longer work. This is EXACTLY what employers do when they say they are going to revoke 140. They specifically do not go to USCIS asking revocation, they do not fill out any forms - all they do is to send a letter to USCIS.

Once USCIS receives that letter - they usually act within a few weeks, so best thing is to send them a letter of employment that you have done a AC21 job change. Start looking for jobs in same or similar field right away.
Agree with the above.

And also get a good personal attorney who can help you respond in case you still don't have a job lined up by the time of the RFE.
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  #5 (permalink)  
Old 03-03-2009, 03:21 PM
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1) Can your employer word the letter to USCIS in such a way that the layoff is temporary and they will hire you in future

2) Could you request your employer to wait a couple of weeks before mailing the letter. this could give you some time.

3) Can you go on unpaid vacation for a month or two so you are technically still on payroll. You could possibly buy some time this way. and the letter is sent after your vacation.

Just my opinion. You may want to hear other responses too.
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  #6 (permalink)  
Old 03-03-2009, 03:28 PM
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Originally Posted by chanduv23 View Post
OK - see. To get your 140 revoked all that employer has to do is to send a letter to USCIS stating that you are layed off and no longer work. This is EXACTLY what employers do when they say they are going to revoke 140. They specifically do not go to USCIS asking revocation, they do not fill out any forms - all they do is to send a letter to USCIS.

Once USCIS receives that letter - they usually act within a few weeks, so best thing is to send them a letter of employment that you have done a AC21 job change. Start looking for jobs in same or similar field right away.

But my previous employer specifically said that "we will not revoke your I 140 such that you can continue your immigration process on this approved I 140". Am I not understanding this right ?
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  #7 (permalink)  
Old 03-03-2009, 03:32 PM
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Originally Posted by jung.lee View Post
Agree with the above.

And also get a good personal attorney who can help you respond in case you still don't have a job lined up by the time of the RFE.
Wow! never heard this possibility before. Is it possible to convince USCIS to approve my application without a current job ?
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  #8 (permalink)  
Old 03-03-2009, 03:36 PM
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Originally Posted by rb_248 View Post
Wow! never heard this possibility before. Is it possible to convince USCIS to approve my application without a current job ?
It may be possible, since my attorney tells me there are no known court cases to establish precedent for such cases.
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  #9 (permalink)  
Old 03-03-2009, 03:49 PM
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Originally Posted by jung.lee View Post
It may be possible, since my attorney tells me there are no known court cases to establish precedent for such cases.
Are there any precedences where I 485 application is approved in response to an employment related RFE when one did not have a current employment ? If yes, I have some hope, if not I need to think about packing my bags....right ?
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  #10 (permalink)  
Old 03-03-2009, 04:25 PM
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Originally Posted by rb_248 View Post
But my previous employer specifically said that "we will not revoke your I 140 such that you can continue your immigration process on this approved I 140". Am I not understanding this right ?
Ask your employer to mention that in the letter to USCIS that they intend to employ you in future when you get Green card and see.

Talk to an Attorney and clarify
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  #11 (permalink)  
Old 03-03-2009, 04:45 PM
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Originally Posted by rb_248 View Post
Are there any precedences where I 485 application is approved in response to an employment related RFE when one did not have a current employment ? If yes, I have some hope, if not I need to think about packing my bags....right ?
If there is precedence in this situation you mention, it did not make it into the court system and is therefore not public knowledge. So we will never know, unless that person is an IV member and reading this thread and can respond...
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  #12 (permalink)  
Old 03-03-2009, 04:52 PM
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so, is a person in legal soup if they do not have a job say for 3-4 months when 485 pending?
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  #13 (permalink)  
Old 03-03-2009, 04:53 PM
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Originally Posted by yagw View Post
For example, there are lot of folks who did AC-21 and the employer didn't revoke I-140. But their H1s with the old employer got revoked and they got soft LUDs on those.
I am one such case. Invoked AC-21 after 180days/140 approval, and my 140 wasn't revoked (It might get revoked in the future, and I will be informed if it does) but my H-1B was. I have seen two soft LUDs on the receipt notice for the approved 797, in the past few days.

Since you have read about people that had the same happen to them, do you know if it had any adverse effects on their 485?

Thanks,
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  #14 (permalink)  
Old 03-03-2009, 04:57 PM
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axp817,

How long after your leaving the former employer did you see the soft LUDs on your I797?
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  #15 (permalink)  
Old 03-03-2009, 05:01 PM
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Quote:
Originally Posted by chanduv23 View Post
Ask your employer to mention that in the letter to USCIS that they intend to employ you in future when you get Green card and see.

Talk to an Attorney and clarify

My company will not do that. This was a mass layoff. I guess I must find a new employer. Other options are too complicated.
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