My story. Change of employment on I-485.
Jun 4th 2001, 5:38 pm
#1
Guest
Posts: n/a
Ingo and others,
Let me share with a story what happened to me when I took advantage of the new law
and changed employers.
I worked for my previous employer for 4 years. Lately they started experiencing
difficulties and I decided to move on. . It is sufficient to say that I had enough of
other reasons to move.
The employer sponsored me with a green card. I filed I-485 in December 1998 with
CSC. In Feb 1999 I received my first EAD. Back then it was not possible to continue
using H1B.
In May 2000 I received a notice that my case will be scheduled for interview and it
is being transferred to San Jose local office from CSC.
In December 2000 I quit my previous company and started my new employment because the
law that went into effect allowed me to do so.
In December 2000 I personally came to San Jose local office and inquired about my
case. The answer was they do not have my case. A computer search revealed that my
case is at Los Angeles local office. The officer said that that they are requesting
my case and it will soon arrive to San Jose.
In February 2001 I came in to San Jose office to inquire about my case and to extend
my EAD. The INS officer said that they still do not have my case and they can not
extend my EAD (that was to expire on MArch 3rd) because they do not have my case. The
advise was to come back again in a week ( a day before the expiration date). And then
if they still do not receive my case they'd renew it. Good news I did not have to
stand in line again because of a pass that was given by the officer.
Came back in a week time. The officer that spoke with was not there. I tried another
window and I was told that they can not do anything because they do not have my case.
I had nowhere to go without EAD and stayed inside. Some time later MY officer
appeared and extended my EAD.
April 2000 I received a notice from LA office for the interview. I did not know what
to do. I had a notice on hand but I was also told that LA would not service me when
they learn that I do not live there.
Finally, my new employer lawyers got all necessary authorizations and intervened (the
company is big so it takes time to push something through). The LA interview was
canceled, the case was transferred to San Jose and a new interview was scheduled.
In May 2001 I along with the lawyers came for the interview to San Jose office. The
officer was nice and did not ask anything special. Fun started when he learned about
my new employment. He said that I have to be with the same company. Lawyers
interfered and provided the answer telling him all about the new law that he
absolutely had no idea about. He went out for consultations (apparently). He returned
back completed all the remaining paperwork and said that they need to verify the
information provided and I will be notified.
About 2 weeks later a received a request from the same officer telling me that I have
to supply to him the copy of American Competitiveness act
21. I was surprised that INS apparently had no reliable means to have their own copy.
My lawyers submitted all the information.
Last week I received a notice from the local office that after additional review
they determined that I need to file a new I-140 with my new employer. They also
said that my Labor Certification remains valid. They did not say whether my I-485
is invalidated or not. If it is invalidated then the question arises about my
current status.
I have submitted all the information to my lawyers. For some reasons I receive my
official copies earlier than they do. I am waiting for they response very soon.
However, I am interested to know the immigration community reaction to the story.
-- My recollection that the new law allowed to have the same Labor Cert and I-140
providing I meet the requirements. Do you think the office was right to
invalidate my I-140?
-- Does that invalidate my I-485 and if it does what is my current status?
- I recently received reports that my mother abroad is in poor health and I may need
to travel there in case something really bad happens. Therefore, I will need
Advanced Payroll but what to do if my I-485 id not valid?
Any ideas are appreciated. Is there anything that can be done to avoid filing new
I-140? What would you do?
Ingo, I enjoyed your answers to others. If you have anytning to say, please, do so.
Respectfully, Stolnik.
Let me share with a story what happened to me when I took advantage of the new law
and changed employers.
I worked for my previous employer for 4 years. Lately they started experiencing
difficulties and I decided to move on. . It is sufficient to say that I had enough of
other reasons to move.
The employer sponsored me with a green card. I filed I-485 in December 1998 with
CSC. In Feb 1999 I received my first EAD. Back then it was not possible to continue
using H1B.
In May 2000 I received a notice that my case will be scheduled for interview and it
is being transferred to San Jose local office from CSC.
In December 2000 I quit my previous company and started my new employment because the
law that went into effect allowed me to do so.
In December 2000 I personally came to San Jose local office and inquired about my
case. The answer was they do not have my case. A computer search revealed that my
case is at Los Angeles local office. The officer said that that they are requesting
my case and it will soon arrive to San Jose.
In February 2001 I came in to San Jose office to inquire about my case and to extend
my EAD. The INS officer said that they still do not have my case and they can not
extend my EAD (that was to expire on MArch 3rd) because they do not have my case. The
advise was to come back again in a week ( a day before the expiration date). And then
if they still do not receive my case they'd renew it. Good news I did not have to
stand in line again because of a pass that was given by the officer.
Came back in a week time. The officer that spoke with was not there. I tried another
window and I was told that they can not do anything because they do not have my case.
I had nowhere to go without EAD and stayed inside. Some time later MY officer
appeared and extended my EAD.
April 2000 I received a notice from LA office for the interview. I did not know what
to do. I had a notice on hand but I was also told that LA would not service me when
they learn that I do not live there.
Finally, my new employer lawyers got all necessary authorizations and intervened (the
company is big so it takes time to push something through). The LA interview was
canceled, the case was transferred to San Jose and a new interview was scheduled.
In May 2001 I along with the lawyers came for the interview to San Jose office. The
officer was nice and did not ask anything special. Fun started when he learned about
my new employment. He said that I have to be with the same company. Lawyers
interfered and provided the answer telling him all about the new law that he
absolutely had no idea about. He went out for consultations (apparently). He returned
back completed all the remaining paperwork and said that they need to verify the
information provided and I will be notified.
About 2 weeks later a received a request from the same officer telling me that I have
to supply to him the copy of American Competitiveness act
21. I was surprised that INS apparently had no reliable means to have their own copy.
My lawyers submitted all the information.
Last week I received a notice from the local office that after additional review
they determined that I need to file a new I-140 with my new employer. They also
said that my Labor Certification remains valid. They did not say whether my I-485
is invalidated or not. If it is invalidated then the question arises about my
current status.
I have submitted all the information to my lawyers. For some reasons I receive my
official copies earlier than they do. I am waiting for they response very soon.
However, I am interested to know the immigration community reaction to the story.
-- My recollection that the new law allowed to have the same Labor Cert and I-140
providing I meet the requirements. Do you think the office was right to
invalidate my I-140?
-- Does that invalidate my I-485 and if it does what is my current status?
- I recently received reports that my mother abroad is in poor health and I may need
to travel there in case something really bad happens. Therefore, I will need
Advanced Payroll but what to do if my I-485 id not valid?
Any ideas are appreciated. Is there anything that can be done to avoid filing new
I-140? What would you do?
Ingo, I enjoyed your answers to others. If you have anytning to say, please, do so.
Respectfully, Stolnik.
Jun 6th 2001, 6:22 am
#2
Guest
Posts: n/a
After all that, do you recommend that anyone could use this new law ?
Stolnik wrote:
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Stolnik wrote:
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