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  • glus
    12-16 09:36 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.





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  • sundevil
    06-23 04:08 PM
    This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
    Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.

    We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.

    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.





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  • chintu25
    10-31 01:59 PM
    Good job guys ...I am back was busy with some office mess that is now cleared . I am all in and active as ever .





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  • vegasbaby
    02-19 07:06 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.



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  • Milind123
    07-26 10:29 AM
    ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.





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  • vaishnavilakshmi
    09-28 07:37 PM
    Hi,

    Call in the following sequence for typo rectification on any of ur notices.

    1-800-375-5283
    Press 1 (for english)
    Press 2(to skip introduction and go to main menu)
    Press2(For case status)
    Press 5(if there is any typo in any of the notices/reciepts)

    Hope this helps u,
    Vaishu



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  • eb3India
    03-09 09:03 PM
    I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards

    it just does'nt make sense, yes ofcourse reforms is dire necessity





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  • DSLStart
    07-28 02:54 PM
    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.



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  • amsgc
    06-15 11:46 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.

    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!





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  • kumar1
    12-13 04:17 PM
    On top of that, companies that come for campus placement - they will put a big board for you -"Only US citizens and Green Card holders apply". I have friends who spent 50-60 K on MBA degree and they are doing software development job (They were developers even before doing MBA and they wanted to get out of it). Think about their investment - 2 years of MBA tution fee ~ 60 K + 2 years of wage loss ~ 160 K. After investing 220K if someone tell you to go and get Green Card first, dude believe me that ain't gonna feel good. Someone please give me few green dots, I have lost hope for my green card....for the time being red dots are good.
    My 2 cents.



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  • ohguy
    09-27 08:56 AM
    As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.





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  • vishwak
    11-12 07:46 AM
    Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.

    My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.

    Please keep updating the Thread with developments which might help others.



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  • days_go_by
    05-25 10:57 PM
    and everyone else involved.





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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • satishku_2000
    06-03 04:32 AM
    Keith Ellison, Congressman from MN was in Milwaukee, WI today.
    I had a chance to meet with him on a small gathering for his fund raiser.

    He is a member of Judiciary commitee.

    We asked him questions on how to become more active in Politics, how Congress works etc etc.

    He gave a good example:
    He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
    And if one kid is shy and does not say anything then he is not going to get anything.

    Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
    So when they vote they know that what are issues for legal immigrants.

    If you don't then you won't get anything. It is that simple.

    thanks,
    engineer


    Hey

    buddy nice post , did u get a chance to discuss any of our issues with the congressman?





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  • wandmaker
    04-03 06:59 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.

    You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.



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  • EB3_SEP04
    08-27 05:33 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,

    Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

    If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.





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  • REEF�
    06-11 03:52 PM
    And everyone has a side with some boobies!





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  • ragz4u
    05-23 10:46 AM
    This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention

    Thanks a bunch Salil.

    Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)

    http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#





    waitin_toolong
    08-14 06:11 AM
    Thanks Jayant,

    I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.

    Regards
    Raj

    if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.

    You get Receipts for each applicant/application in separate envelops.





    srikondoji
    04-26 03:34 PM
    Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
    They only want more new H1-B's, coz they have to pay more for those who are already here.

    Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.

    Remaining skilled labor force with his H1 term ending are of no use to anyone.
    I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
    Thanks
    sri



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