current and employer change options? predicament

[tired of this]

Hello..I will appreciate if you can help with my predicament..

 

I have 485 pending with employer A for couple of years and is supposed to be current in the new bulletin. But I am with employer B and have 140 approved with them too.

 

I did not invoke AC21 with employer B as I have been planning to go back to A once approved. Also things have become too complicated with B and can not stay any more. Also found out last week that employer A has laid off half of his people(support staff, non technical) in the last several weeks and not sure if he will have my job.

 

1. What will happen if I don't act in any fashion, (use Schrodinger's Cat paradigm, pun intended) just report to employer A once my case is approved and he says he can not take me in?

 

2.  If I don't do anything, is my case going to be automatically switched to Employer B by USCIS? is it interfiling? or even worse they will send an RFE asking for it, causing delays by couple of months..hate to see retrogression again..

 

EVL from A was submitted when 485 was filed.

 

3. What is interfiling, does it apply to my scenario? how to do it?

 

4. Suppose, USCIS sends RFE and I send EVL from B. But then get fired from B who also withdraws 140, all in the month of September, can I still transfer back to A, assuming he kept my job..

 

not sure if I can find another job quickly to use AC21..

 

thanks!!

[murthybabu]

Since you haven't used AC21 yet, you are fee to move to any employer you want, into a same/similar job. When are satisfied with the new job and plan to stick with them till you get your greencard, you may send your ac21. Ac21 is optional. Sometimes uscis may approve your 485 with out even asking for a employment verificaton letter. If they do, you can send your ac21 then too.

[Belle]

I think you need to look for a new job.

 

1. If the sponsorign employer does not have a job for you upon approval, you can work for anyone. But at least, you have to offer your services to be good on the contract.

2. Generally, if the I-140 is filed correctly, the USCIS will switch automatically. However, it does not take your right to take port either I-140 to a new employer.

3. Interfiling is connecting a new immigrant petition (I-140 in your case) to your pending I-485. The USCIS may have done it automatically. Or maybe not. Not sure it matters in your case.

4. Yes. Under AC21 your I-485 is valid if you have a job offer (again A job offer) in a similar profession. Somebody has to give you a job offer, at the end of the day, or I-485 will be denied.

 

 

Well, stop wasting your time and get on it!

[tired of this]

thanks for the replies.

 

Belle- how do I know if my cases have been interfiled by USCIS. I don't like my case to be approved for company B, as I don't want to stick with "B" for several months after approval.

[Belle]

I think you need to get a lawyer. It is not clear if the USCIS would be considering your case to be "company B" case, even if interfiled. A lawyer needs to take a close look at the case.

[tired of this]

Wanted to post updates and gather opinions from experts/attorneys.

 

Quick summary:

 

EB2 485 has been pending with employer "A", has been working for "B" and 140 approved. Company "C" , which is my dream job, interviewd me three times in three weeks. One of their managers is out of country and told to expect a formal offer by October 1st.

 

First half of the update:

- Received the approval on my case last week by e-mail

-Notified "A" by e-mail and he gave me a confusing reply that "give me some time, I'll get back to you"

 

Questions

1. Not sure if the cases have been interfiled, and for what company the approval is for?

So how stupid it will be to take infopass with CIS and ask them for clarification, thus opening can of worms?

 

Attorney "A" can not help me as he can  not guess how attorney "B" handled. I can not talk to attorney "B" and let them rock the boat.

 

2. What will happen if "A" responds and says he can't take me in? Can I just move on?

 

3. Any hope of moving to "C"? I doubt they will ever consider me in future if I can't take their offer now.

 

Second half of the story:

I assumed my spouse's petition is approved. After an hour of my update, found out that spouse's case has been not updated. Visited some forums to find out that some spouse petitions took couple of years with no updates. Just about to start panicking, there is an update that RFE has been issued on spouse's case. What a way to get party mood spoiled :(

 

Either me or attorney have not received the RFE yet, more than a week now. As insane it may sound, instead of partying after my approval, I took a day off to go through spouse's 485 file to "guess what RFE might be about?" Could not find any clue.There were couple of typos in my file but not spouse's!!!Spouse has always been on H4.

 

I wonder why the case status update e-mail does not reveal the RFE details? Can AILA work on this in future?

 

I might be advised to be atleast "half happy" but goodness, anybody agree that this is tiring, not just my case but yours too?

 

14 years and still counting. Missed so many opportunities so far with a hope that I can make up them in future.

[tired of this]

Pls share your thoughts on above questions. Thanks.