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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #61 (permalink)  
Old 05-09-2007, 02:03 PM
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  #62 (permalink)  
Old 05-09-2007, 02:25 PM
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whattodo is on a distinguished road
Default Changing employers when I-140 and I-485 pending for less than 180 days

Even I was interested in similar scenario.

1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.

3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?

Any response will be appreciated.

Quote:
Originally Posted by razzy77
I have a pending I-140 since July 2006. Today i lost my sponsor employer and don't know what to do. Can I switch my pending I-140 to another employer? What can i do NOT to lose status? I still have a valid H1B till Augist 2008 but I have travelled on my Advance Parole. Does that mean that my H1B is terminated? Please advise. Thank you.
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  #63 (permalink)  
Old 05-09-2007, 02:30 PM
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whattodo

1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
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  #64 (permalink)  
Old 05-09-2007, 02:50 PM
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My understanding was that once the i-140 is approved then one can change employers. Some kind of portability??!! I dont think u need to start a new once the i-140 is appoved but you can find an employer with SIMILAR job position.

Well in my case the i-140 is still pending.... and i dont have my employer anymore.
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  #65 (permalink)  
Old 05-09-2007, 03:14 PM
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I have read in the past that the I-140 has to be 'approvable" when the employee switches using ac21. You might run into issue if there is an RFE. consult an attorney. I think it is not a big deal if you have good attorney and flexible company backing you.
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  #66 (permalink)  
Old 05-09-2007, 05:18 PM
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Quote:
Originally Posted by razzy77
My understanding was that once the i-140 is approved then one can change employers. Some kind of portability??!! I dont think u need to start a new once the i-140 is appoved but you can find an employer with SIMILAR job position.

Well in my case the i-140 is still pending.... and i dont have my employer anymore.
Where did you get that idea? You can only change employer if you filed both I-140 and I-485. And I-485 should be pending for more than 6 months.

And what do you mean you don't have your employer? You were laid-off? or did you resign?
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  #67 (permalink)  
Old 05-09-2007, 08:37 PM
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Yes i got laid off. My I-140 is still pending and perhaps they will HAVE TO withdraw it since I am not employed by that company anymore.
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  #68 (permalink)  
Old 05-10-2007, 04:13 AM
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If you have already filed 140 and 485 together in July 2006, it is already more than six months. Since you wrote you have used AP, I'm assuming you have filed 485 as well.

If the above is true, you can join a new employer for a similar job or rather same job description and do AC21 to move your case to the new company. Since your 140 is still pending, it will be an issue but not something which will realistically impact you if you do your AC21 paperwork nicely. If your 140 was approvable when it was filed, you shouldnt have any issues.

You need to do two things -

a) Find an employer to switch to immediately.
b) Find a good lawyer who will help you out on AC21
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  #69 (permalink)  
Old 05-10-2007, 04:17 AM
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Answer inline in RED.

Quote:
Originally Posted by whattodo
Even I was interested in similar scenario.

1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

If your 485 is pending for less than 180 days, you are taking a risk. Its a calculated risk but most of the time there are no issues. In such a case , you will join a new employer and continue the process. If a RFE is raised within the 180 day period, you are in trouble. But realistically, your case is hardly worked on in the first 180 days. Once 180 days have passed, you can use AC21. A lot of people have done it in the past - and have been lucky.

2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
If you absolutely want to do everything from scratch, yes you can withdraw your application. But its not a requirement to restart the clock until you have to.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
No issues on your next 485 filing.
Any response will be appreciated.
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  #70 (permalink)  
Old 05-10-2007, 04:19 AM
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Quote:
Originally Posted by indio0617
whattodo

1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
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  #71 (permalink)  
Old 05-10-2007, 11:44 AM
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razzy77 is on a distinguished road
Default Got laid off with pending I-140, still have valid H1b

I got laid off with a pending I-140 filed July 2006 along with I-485. I was told that as soon as those docs are filed my H1B becomes invalid. True? I still have an approved H1B receipt from another company valid thru Feb 2008. Can I still use it? Thank you.
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  #72 (permalink)  
Old 05-10-2007, 12:37 PM
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tuktukan is on a distinguished road
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Quote:
Originally Posted by razzy77
I got laid off with a pending I-140 filed July 2006 along with I-485. I was told that as soon as those docs are filed my H1B becomes invalid. True? I still have an approved H1B receipt from another company valid thru Feb 2008. Can I still use it? Thank you.
You are pretty much safe to look for another job using AC-21. But make sure the job description is the same as your previous work (the company that did your concurrent I140/485 filing. You need to consult a lawyer for the AC-21 process.
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  #73 (permalink)  
Old 05-10-2007, 02:14 PM
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Quote:
Originally Posted by dilbert_cal
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
dilbert_cal:

That's interesting. I did not know that you could invoke AC21 'even if the I-140 is not approved'.

Thanks.
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  #74 (permalink)  
Old 05-10-2007, 11:11 PM
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Default H1B being Revoked

Quick question on behalf of my friend. His H1B is being revoked by the present company. His previous employer did not revoke his H1B, can he go back to the previous employer without filing for transfer or should he file for the transfer again?
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  #75 (permalink)  
Old 05-10-2007, 11:27 PM
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Hi,

My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?

Thanks.
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