485 question!!!!!!!!!!!

S

Sialkot

Member
Please advise a friend of mine is traped under INS delays. True assistance will be appreciative.
He is on H-1b valid & stamped till 9/2004. Came here in 1992 as F-1 visa worked so hard to get his BSc degree and then earned his Master\'s degree in International business & management. Worked on practical training and in 1998 was sponsored as an h-1b speciality occupation visa. He is working with the same employer since day 1st very sincerely. Employer filed for his labor certification which was approved without any delay in record 5 months. Then his I140 was approved no problem. Last month his and his wife\'s adjustment of status I485 was filed at Vermont Service Center (waiting for receipt). Now after spending almost 10 years in this country studing and working so hard he and his family still do not know what status they hold. They dot not want to leave the country at this final stage of their case and also are not willing to stay here illegally. Now due to economic situation he is afraid he might loose his job. His employer is very co-operative and helpful. He will do what ever possible to keep him but like any businessman he must also fulfill his obligations first. God forbid if the company goes down and he got laid off what are his options. What can he do to stay util he gets his green card. I strongly believe he deserves the status. After been through so much in his life paid taxes since past 9 years and so mucg tragedies in his life he should get the status. Your true and sincere advise will help him. Thanks
 
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Please advise a friend of mine is traped under INS delays. True assistance will be appreciative.
He is on H-1b valid & stamped till 9/2004. Came here in 1992 as F-1 visa worked so hard to get his BSc degree and then earned his Master\'s degree in International business & management. Worked on practical training and in 1998 was sponsored as an h-1b speciality occupation visa. He is working with the same employer since day 1st very sincerely. Employer filed for his labor certification which was approved without any delay in record 5 months. Then his I140 was approved no problem. Last month his and his wife\'s adjustment of status I485 was filed at Vermont Service Center (waiting for receipt). Now after spending almost 10 years in this country studing and working so hard he and his family still do not know what status they hold. They dot not want to leave the country at this final stage of their case and also are not willing to stay here illegally. Now due to economic situation he is afraid he might loose his job. His employer is very co-operative and helpful. He will do what ever possible to keep him but like any businessman he must also fulfill his obligations first. God forbid if the company goes down and he got laid off what are his options. What can he do to stay util he gets his green card. I strongly believe he deserves the status. After been through so much in his life paid taxes since past 9 years and so mucg tragedies in his life he should get the status. Your true and sincere advise will help him. Thanks
 
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Ask his employer not to inform INS for next 5 months. Let the employer notify INS after 6 months. Your friend can find another job and can continue his 485 processing.
 
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Employer is not required to notify anybody after AOS has been filed.
Ask the employer to give a letter stating that he might employ
the person in th efuture, and look for a job.
 
This might me helpfull but get an attorney\'s advice....

Chat : July 23, 2001
Chat User : What if one loses job just after filing I-485 and EAD/AP? Is it legal to stay here and look for another Job?

Attorney Murthy : Yes, once I-485 is filed, the person is considered in valid status, so one can look for another job. With AC21 now, if the INS does not adjudicate the case within 180 days the person can also get GC with the already filed I-485, based upon similar job offer from another employer.
 
There is nothing much he can do but

He should ask the employer if he is will to offer him a job when his 485 is approved (documented in writing). It might not be needed if there is no RFE or interviw but it is good to have for the future during naturilization.
 
Thanks!!!!!

Would you please advise me the specimen of that letter or do you know someone in the same boat. I can directly reach him via e-mail.
 
Valid H1-B now but worked illegally when she was f-1

I was on f-1 status and worked illegally outside during then. I graduated and got a job. Now, I hold valid h1-b. Now, after an year, INS found that that I worked illegally when I was f-1. They called me at their office.

What shall I do? I thought as I changed my status from f-1 to h-1b, I should not have any problem what I did when I was in f-1. I do not know the law..Does any one has any more information? Thanks.
 
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