Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-24-2010, 01:02 AM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Mar 2009
Posts: 15
aug2007 is on a distinguished road
Question What if the employer withdraws approved I140 after I move to new employer using AC21?

I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-24-2010, 04:50 AM
Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2011
Compare
Join Date: Mar 2009
Posts: 58
theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future theshiningsun has a brilliant future
Default

this is what i know

since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
__________________
Greened on 03/13/2012

note: this is not legal advice. pls consult a lawyer b4 any action.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-24-2010, 08:17 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

Quote:
Originally Posted by theshiningsun View Post
this is what i know

since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?
Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.

His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.

His employer also threatening to withdraw 140 support if he leaves.

OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.
__________________
Greened on September 10th, 2010
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-24-2010, 08:53 AM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Mar 2009
Posts: 15
aug2007 is on a distinguished road
Default Thank you. Can I travel?

Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 02-24-2010, 09:30 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.
__________________
Greened on Apr 29th 2011 after 11 years in US
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 02-24-2010, 10:27 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

Quote:
Originally Posted by aug2007 View Post
Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.

You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
__________________
Greened on September 10th, 2010
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 02-24-2010, 01:27 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Mar 2009
Posts: 15
aug2007 is on a distinguished road
Thumbs up Thank you

Thank you chanduv23. Your response clarified and gave the information on what I'm looking for.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
EAD Approved I140 RFE Employer Not Responding talkganga Immigrant Visa 7 03-27-2009 03:28 PM
Can i move to other company after approved i140 with my old employer tiger05 All other Green Card Issues 1 01-07-2009 04:13 PM
AC21:I140 approved;I485 pending more then 180 days; Employer wanting to revoke I140 imv116 AC21 Portability after 180 days of 485 filing 11 07-26-2008 09:44 AM
h1B ext after i140 approved with old employer. and PD current supers789 Retrogression, priority dates and Visa bulletins 7 07-19-2008 04:53 AM
I140 was approved with Previous employer babugc40 AC21 Portability after 180 days of 485 filing 0 03-19-2008 08:34 PM



All times are GMT -4. The time now is 03:52 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org