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yardie

uscis kept i-485 active altho i left the company?

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Filed: H-1B Visa Country: Jamaica
Timeline

hi everyone, i am hoping to get some good news since i already have my hopes up. apologies in advance if i butcher the terminology.

i found it necessary to leave a previous job where i was on h1-b but they had filed for my green card. i had i-140 approved and was waiting for i-485. i even had an ead issued. my new company was filing for me immediately and was planning to utilize some of the old documentation so that i would not be set back in the process. well, the old company (not knowing why i was requesting the documents, since i hadn't turned in my resignation yet) declined to provide the documents.

so i decided to bite the bullet and be set back in the process. my PERM application for the new company was just denied. however, what is strange is that a day later i get an email (i requested email notifications) saying that my old i-485 was approved. i thought it was abandoned after i left the old company. so now i am truly confused.

here is what it said

The last processing action taken on your case

Receipt Number: LINXXXXXXXXXXXX

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Post Decision Activity

On January 11, 2011, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

is this for real or just a mistake on their part?

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Filed: F-2A Visa Country: Jamaica
Timeline

can anyone offer some insight?

you were approved based on the application submitted on the "old" company. may neeed to update uscis.

my dear friend Canadian wife-

You can only work for the company that sponsored your visa petition. If you wish to change jobs or companies, you must have a new petition sent on your behalf by the new company

http://www.***removed***/visas/h1b/h1visa-layoff-jobloss-faq.html

Edited by RICARDO4EVA2

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Filed: H-1B Visa Country: Jamaica
Timeline

there were corporate lawyers involved - both old and new company. they all went through the normal legal processes. i am just wondering if it is possible that when i left company 1, they didn't inform uscis to stop the filing.

and why wouldn't uscis see that i had two cases pending?

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there were corporate lawyers involved - both old and new company. they all went through the normal legal processes. i am just wondering if it is possible that when i left company 1, they didn't inform uscis to stop the filing.

and why wouldn't uscis see that i had two cases pending?

I just have to ask this question what does the corporate lawyers say, from both the old and new company? USCIS won't know that a case should be aborted unless they are informed by the company. If this hasn't happen then they will continue the process as normal, your new petition probably haven't reached the point of being connected to your old petition, i.e means that your new petition hasn't been entered into the computer system, so the new petition will not edit out that the petitioner has another petition on file. (Are you sure that the new company has even yet filed.)

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Filed: H-1B Visa Country: Jamaica
Timeline

well it seems like company 1 doesn't care that i am no longer employed there. i was contacted by their lawyers this morning because they want to forward me the welcome notice. i am still puzzled.

company 2 lawyers have been lax at explaining what happened. i am cautiously optimistic ...

Edited by yardie
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well it seems like company 1 doesn't care that i am no longer employed there. i was contacted by their lawyers this morning because they want to forward me the welcome notice. i am still puzzled.

company 2 lawyers have been lax at explaining what happened. i am cautiously optimistic ...

Has company 2 filed a petition for you? This is important to know......

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Filed: H-1B Visa Country: Jamaica
Timeline

Yes company 2 filed for me when I changed companies. I started on a new H1-b & they filed for the green card. My PERM application got audited & then denied. This wasn't surprising to me since the company had been experiencing a wave of these & had warned us. Now I wonder if my case being audited & denied was unrelated to the problem company 2 was experiencing with uscis.

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