Kel

I filed my I-360 petition in early March (legally either the beneficiary or
the sponsor can be the "petitioner"). My future employer (church B) also
requested "expedited processing" due to the fact that my current employer
(church A) would be laying me off when my R-1 visa expires this summer.

My congressman's office inquired after a month and found out that California
rejected the request for expedited processing on the basis that the employer
(church B) was not the "petitioner" on the I-360.

The current processing time is over 10 months, but my R-1 visa expires in
four months. I can remain in the US with "lawful presence" but cannot begin
work for Church B until the I-360 is approved. (Unfortunately, there is no
provision for concurrent filing of EAD with an I-360). Financially, we
cannot make it for 6 months w/o employment.

* Question*
If I was to cancel the current proceedings and refile with Church B as the
petitioner would this generate any problems or "red flags"?? (My
congressman's aide suggested that it might.)

Any thoughts


ki





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fathermike

I faced a similar situation last fall. I finished working at one church on the last day of August 2003, and started at the new church on September 1st 2003.

I had a pending I-360, self petition based on working at the first church, lodged in February 2002 In May 2003 the case was RFE to me and I was asked to submit a new 1st page of the I-360 signed by a church not by me. I questioned this as I was the petitioner not the church, they were confused by this and demanded that it be a petition by a church. So I go the church I would be moving to to make the petition and also provided a copy of my contact.

In November the I-360 was approved, notice of approval was sent to me as a self petitioner not to the new church.

I filed I-485 AOS in December 2003 and in Feb 2004 got round to filing for and EAD, to be sure I'm legal, that is due any day now.

I suggest you send a new first page of the I-360 signed by the new church, and a copy of you propsed contract.

I'm not a lawyer, just a priest who seems a little futher down the road you are travelling. So perhaps you need the advice of an immigration attorney, however I haven't found one who really understand the process for I-360 apps.


Hope that helps,

Father Mike