eb3India
10-17 02:25 PM
Well my story isn't really as bad some of the stories described here but the last 4 years of waiting for the freaking LC to clear has pretty much screwed up my wife's career. There have been days of utter frustration, fight and bad days for us because of the "dependent" visa.
Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.
For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(
Gar Gar ki yahi kahani, ( it's typical story for any immigrant family),
main issue for us now we had invested so much time on this f** GC, we can't bail out now, feel like we are so close,
for myself I don't have that much energy left in me to go back to start allover in India, worest case scenario I just want to stay couple of more years and save as much as possible and go back to India for semi/retirement
Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.
For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(
Gar Gar ki yahi kahani, ( it's typical story for any immigrant family),
main issue for us now we had invested so much time on this f** GC, we can't bail out now, feel like we are so close,
for myself I don't have that much energy left in me to go back to start allover in India, worest case scenario I just want to stay couple of more years and save as much as possible and go back to India for semi/retirement
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lazycis
06-12 01:07 PM
LazyCIS,
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
It cannot be people vs terriblething. It could be state/federal agency v. terriblething. I agree that credibility of the complaint can be easily attacked if wife gives contradicting statement.
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
It cannot be people vs terriblething. It could be state/federal agency v. terriblething. I agree that credibility of the complaint can be easily attacked if wife gives contradicting statement.
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
a1b2c3
10-20 10:57 PM
In Dec DOS will move the EB2I date to april 01, 06. And USCIS exhaust the visa number by approving the 06 cases and retrogress back to april 01, 03.
And whoever has the 03 and 04 PDs will be screwed as usual.:mad:
It is not just the USCIS , DOS is also the culprit.
If that happens, it will give me a stronger reason to return to India. In fact, at times I feel that is exactly what's going to transpire. The dates probably will keep inching forward and then make a U turn somewhere and I'll be back in India much sooner. And I don't think it would be that bad considering growth opportunities back home and of course our accumulated savings which will go out of the country along with us.
And whoever has the 03 and 04 PDs will be screwed as usual.:mad:
It is not just the USCIS , DOS is also the culprit.
If that happens, it will give me a stronger reason to return to India. In fact, at times I feel that is exactly what's going to transpire. The dates probably will keep inching forward and then make a U turn somewhere and I'll be back in India much sooner. And I don't think it would be that bad considering growth opportunities back home and of course our accumulated savings which will go out of the country along with us.
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amitjoey
07-09 04:24 PM
Please send english_august's pdf to your local newspapers.
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BharatPremi
11-08 02:20 PM
"
Just my 2 cents.
Regards.
No. It is worth 2$ write up... not 2 cents :)
Just my 2 cents.
Regards.
No. It is worth 2$ write up... not 2 cents :)
chi_shark
06-03 11:28 AM
roy beck of numbersusa just said on the hearing that if 424 were to pass, his organization will feel better if 3 greencards from other categories are reduced for every greencard newly given out under 424... man... he should !@#!%#@$%@!@#$!@$$@#^#%^%^&&* *(!@#$@!$.
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vik_tx
05-16 11:56 AM
now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
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go_guy123
01-15 06:21 PM
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
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shreekhand
10-03 11:07 AM
This rule of having at least one parent Indian citizen is in existence since atleast 2006. Just search around. I also know this as one of my close friend's OCI application was his kid was rejected based on this rule more than a couple of years ago !
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
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muthiahmerchant
06-21 05:24 PM
My wife has a H1 since oct 2006 till date she hasn't worked and hence has no pay stubs. her passport has a F2 visa. I want to convert her visa to H4. Her employer is asking for 6k to generate 3 paystubs for 3 months. I dont want to pay so much. if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
is there any site or posting that explains the process of applying for H4 in canada.
Thanks for any help
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
is there any site or posting that explains the process of applying for H4 in canada.
Thanks for any help
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i_want_gc
12-13 10:13 PM
I agree. I personally wud never do that. i.e Why the hell should we clean the streets of an alien bcos thier system is broken? Thats my personal opion. Didnt mean tio hurt anybody.
Like somebody pointed out, the move shud come from employers. Again taking leave etc for a day(bandh) is the not the way. The govt shud be genuinely convinced of the cost/benefits of ramping up or increasing visa numbers inorder to make any move. We should do stuff in that direction as opposed to expressing frustration.
I am sure most of us here (especially from India) were pampered and did not even clean their own study desks or rooms of their house when they were young, now they are ready to sweep the roads of a foreign country to get the foreign government attention to get their gc :)
Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc.
Like somebody pointed out, the move shud come from employers. Again taking leave etc for a day(bandh) is the not the way. The govt shud be genuinely convinced of the cost/benefits of ramping up or increasing visa numbers inorder to make any move. We should do stuff in that direction as opposed to expressing frustration.
I am sure most of us here (especially from India) were pampered and did not even clean their own study desks or rooms of their house when they were young, now they are ready to sweep the roads of a foreign country to get the foreign government attention to get their gc :)
Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc.
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malaGCPahije
09-26 12:40 PM
hi,
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
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mhtanim
10-25 04:08 PM
Shimul: so did you finally get to see your I-485 status as "Approved" at USCIS's website?
Please inform us when you receive your green card in mail.
Please inform us when you receive your green card in mail.
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ganguteli
03-01 03:21 PM
no comments ?
people we are coming close to the situation where it is "do or get fried :)".
I disagree that the situation is very bad.
It is bad only for those that are laid off on H1B. All others have EAD and are happy. They will realize the bad situation only when they cannot take a promotion or salary raise or cannot change job due to same and similar. Or if I485 gets an RFE or denial.
If the situation was bad, more people would be serious about your idea including you. Even you are not willing to do anything yourself other than asking others to do it. So this is the fate of immigrant community. We all do not want to do anything ourselves unless we ourseves are in a bad situation.
people we are coming close to the situation where it is "do or get fried :)".
I disagree that the situation is very bad.
It is bad only for those that are laid off on H1B. All others have EAD and are happy. They will realize the bad situation only when they cannot take a promotion or salary raise or cannot change job due to same and similar. Or if I485 gets an RFE or denial.
If the situation was bad, more people would be serious about your idea including you. Even you are not willing to do anything yourself other than asking others to do it. So this is the fate of immigrant community. We all do not want to do anything ourselves unless we ourseves are in a bad situation.
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gccovet
09-05 03:52 PM
Sorry to hear your story dude. You just met a jerk of a law enforcement official - they are in the minority. Most CBP officers are better than this. Several years ago i too met a jerk like this in an airport in the southeast. I was entering on H1-B, he kept saying that my employer (a reputed american company) was disloyal etc... as he was processing our paperwork. First he grilled my wife, then he started with me, i just responded to him with a disgusted facial expression.. answered his questions rather curtly when asked, did not respond to his rants. His rants were not framed as a question - so i don't have to answer it. All this lasted a total of 5 to 6 minutes as he was checking and stamping our passports.
BTW, not seeing your family for several years is a "humanitarian" cause. Technically the AP is supposed to be used as a travel permit for difficult situations, but most good Americans know that not seeing family for years is a good enough reason. There are jerks everywhere and type A's, thankfully they are not in the majority.
I had similar experience 4 years back, the officer was a A$$$#^%, I answered all his questions, gave EVL (I was working for Fortune 10 company). He kept on grilling me, I asked him to call his supervisor and also offered him to call my lawyer and then he backed off. I noted his name and his ID number etc.
But screwed me big time, he entered wrong I-94 number in his system, after a year when my company applied for extension, the application got RFE for non matching I-94 number etc. Everything went fine(lawyer had to file I-121 for lost I-94, but the extension took about 6 months to get approved.
While the extension process was going on, I with the help from my company lawyer filed a complaint to CBP against the officer and later the officer was transferred (As per my lawyer) to some other desk duty.
GCCovet
BTW, not seeing your family for several years is a "humanitarian" cause. Technically the AP is supposed to be used as a travel permit for difficult situations, but most good Americans know that not seeing family for years is a good enough reason. There are jerks everywhere and type A's, thankfully they are not in the majority.
I had similar experience 4 years back, the officer was a A$$$#^%, I answered all his questions, gave EVL (I was working for Fortune 10 company). He kept on grilling me, I asked him to call his supervisor and also offered him to call my lawyer and then he backed off. I noted his name and his ID number etc.
But screwed me big time, he entered wrong I-94 number in his system, after a year when my company applied for extension, the application got RFE for non matching I-94 number etc. Everything went fine(lawyer had to file I-121 for lost I-94, but the extension took about 6 months to get approved.
While the extension process was going on, I with the help from my company lawyer filed a complaint to CBP against the officer and later the officer was transferred (As per my lawyer) to some other desk duty.
GCCovet
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Bpositive
09-05 01:52 PM
you should possibly also carry a copy of the AP application. At least my application clearly stated that travel was for business/personal reasons...
I am sorry you had a bad experience...possibly because of the officer's ignorance...worth a complaint...maybe you can draft something with your lawyer....don't just ignore such bad behavior...
I have travelled on AP and didn't have any problems..although the officer stamped a wrong date (one day earlier) on my passport..talk about incompetence
I am sorry you had a bad experience...possibly because of the officer's ignorance...worth a complaint...maybe you can draft something with your lawyer....don't just ignore such bad behavior...
I have travelled on AP and didn't have any problems..although the officer stamped a wrong date (one day earlier) on my passport..talk about incompetence
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kondur_007
09-29 11:05 AM
The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
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chanduv23
11-08 11:35 AM
good point. let's start doing it then...
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
Chinese new year is a optional holiday and is celebrated with pomp in Las Vegas in honor of the huge gambling community that visits Las vegas from China
just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....
actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas ...in the US :-)
Chinese new year is a optional holiday and is celebrated with pomp in Las Vegas in honor of the huge gambling community that visits Las vegas from China
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waitforgc1
04-06 11:56 AM
usually around 15 of every month
desi3933
06-18 11:50 AM
Another important question is: Will USCIS allow AC21 without an approved EAD?
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
ars01
07-09 01:32 PM
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
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