Financial Info - Candidate

GC_GoneCase,
Hi! I'm reading your post and really want to see your 140 approval. My company recently announced that they will close in 90 days, my 140 is still pending. I have no choice but to change employer. I'm still debating whether to get a new H1b or use AC 21. Please post if you get approval!
 
naanshi,
No success yet. I am unable to get the 800 number. Would let you know as soon as I am able to connect to one.


naanshi said:
GC_GoneCase,
Did you try to talk to any Immigration officer about your case???


naanshi
Click to expand...
 
Got a letter from USCIS today

Hi naanshi,

Got a letter from USCIS today. It was a yellow envelope.

Well, it was nothing to do with decision on my case directly. I have applied for a copy of labor and 140 under FOIA on June 25, 2004. My earlier company and attorney refused to give copy of labor and I asked for 140 copy also just to see the details on it.

On the certified labor copy, in the action box, the approval stamp is there. Although the labor was approved on 5/1/2003 (Applied on 6/6/2001), there is no other remark or endorsement other than certified stamp.

On 140, under the INS use column, The classification is filled but the certification box is blank and the action block ( That is what it says) is also blank as of Sept 10, 2004 , which is the day USCIS has sent me the copy of 140. It has got some other remarks like priority date 6/6/2001, consulate 245, E21, #5 etc. I do not know what all that means.

However, most probably it implies that the 140 is still intact. I am feeling better by seeing that there are no adverse remarks on the 140 yet under the action block or anywhere else.

What do you think? I am not sure if these are good signs or bad.




naanshi said:
GC_GoneCase,
Did you try to talk to any Immigration officer about your case???


naanshi
Click to expand...
 
Gc_GoneCase,

After USCIS worked for so many days with your file, if you don't see any adverse info on your I-140 file tells me that it is a positive sign only.

Hope for the best.....

naanshi.
 
Naanshi/GC_gonecase,

I read whole story of GC_gonecase today. It is very interesting. I hope for the best for both of you.

Here is the my story. My case is similar to Naanshi's case except with some excemtions. Similar to the Naanshi, I was laid off 4months later appying to GC. I was told by the company that they will support me for my GC, since I worked for them 4 years. Now working as independent contractor and waiting for I-140 approval. I want to join in any company as fulltime employees and apply for ac21 after my I-140 approval.

I got RFE for my I-140 on August 23rd, after LUD updated (9th and 10 august but no change in message) earlier and USCIS received reply back on 9th sep 2004 about my case from My attorney. After that my I-140 LUD updated (9th,10,13 and 14th) 4 times but no change in message.

My spouse got FP notice on august 27th and received mine on 8th. FP date is October 14th 10 am for both os us.

14th and 15th of september, my spouse I-485 LUD updated but no change in message. and 17th september my I-485 LUD updated but no change in message. no LUD update for my both kids I-485.

Not sure whats going on. Does anyone has any idea?

now looks like we are all in same boat.

let me know your views about my case
 
kamvp,
What was your RFE ? By the way, I was not laid off, I just changed employer(to save my project/job).

naanshi.
 
naanshi said:
kamvp,
What was your RFE ? By the way, I was not laid off, I just changed employer(to save my project/job).

naanshi.
Click to expand...


USCIS asked for 2001 w2 of mine and 2001 Company's Financial Report. Company was mid range Canadian company with 12 branches (5o branches in US). Due to some Corporate decision at high level, Company was not getting any new projects for NJ branch. so company told us to let go with 6 weeks salary. so I requested them to give pay me that money and my vacation leaves as salary. so I was getting pay stubs for another 2 months. So I was with company for 7 months after I applied for I-140/I-485.

After I seen the about my RFE, i contacted my X-company attorney, she was saying that, if the company acccepts to reply, then only she want to reply and otherwise she cannot use the companys info to reply my case. So I cantacted them they are ok to help me out in this situation and they want to treat mine was special case, since I was one the hard worker and generated good amount of money for the company. Company immediately contacted Attorey and requested her to take care of my case and still they are supportig me.
 
Hi kamvp,

Your case and my case are similar from LUD prospective. If I takeout the withdrawl by company, the progress looks similar. But the withdrawl is what makes all the difference. In my case, there is no support from previous attorney or company and I am fighting everything at my own.

I hope that your case should be cleared without any problem because your previous employer is supporting you and so should be naanshi.

I am fighting as I do not want to loose without trying at my end.


naanshi,

I have got a substitute labor and am in the process of filing 140 / 485. I am going with the assumption that previous case may not come thru and therefore applying for a new one. Do you think there could be an issue there in applying the second one? In fact, I have got couple of substitute labor offers from reasonably sound companies willing to do future job GC. I have decided to go with one, not both of them.

Are there any precautions to be taken here or any suggestions?

Thanks.
 
Gc_gonecase,

I pray for you. I hope you will get it approved with your first GC application.

I seen today my I-485 LUD changed today too but no change in a message.

What I could't understand is, we did not finished our FP yet, but why our I-485 LUD is updating? I seen people for posting that their I-485 LUD and message updated after their FP receied by USCIS. We too got FP notices to attend FP on October 14th.

What I am scarying is I am working as Independent contractor and paying taxes my self. I heard that I have to be employee with similar skills. I am working for same client but as independent cotractor. I have a plan to take permanent employment with them, once my I-140 approved. I will change company officially using AC-21 after I-140 appoved.

If my I-485 adjucated in the mean time, do they asks for paystubs? I have paystubs still april 2004, after that I do not have pay stubs, since working on 1099. now I am working for world largest pharmaceutical company through one small company. that small company farmed in 2003 with 16 people. All are citizens and GC holders and all get paid through 1099. Only I am the one who has GC pending with USCIS.

Please advise
 
GC_GoneCase said:
naanshi,

I have got a substitute labor and am in the process of filing 140 / 485. I am going with the assumption that previous case may not come thru and therefore applying for a new one. Do you think there could be an issue there in applying the second one? In fact, I have got couple of substitute labor offers from reasonably sound companies willing to do future job GC. I have decided to go with one, not both of them.

Are there any precautions to be taken here or any suggestions?

Thanks.
Click to expand...

GC_GoneCase,

Make sure that

1. The company is financially good.
2. Labor Certificate education and experience are matching with yours.
3. If possible, choose a company which comes under faster processing service Center. (For example, if you are filing in EB2, California Service center will be good, as they are using some pilot programme for EB2)

All the Best,
naanshi.
 
Hi naanshi,

Sorry, I have been away for sometime and was not able to respond earlier on the status of my case. It is still the same. Last LUD on 7/28.

I was working on applying second 140/485 under EB2 from CA before Sept 30, just to try my luck if I would get picked for Pilot program. I know I am not so lucky in immigration matters, yet "Karma" is our duty and that is what I am doing.

I was able to get a substitute labor and have applied for EB2 140 / 485 today in CA.

Now I have 2 processes open. One at Vermont and second at CA. Hopefully, atleast one should workout. I have kept in mind the suggestions provided by you on using substitute labor. Financials of the company are OK, revenue of 20 millions, 200 plus employees and the labor details are matching in terms of experience and education.

I would also call customer service center now and try to find out about my earlier case and let you know accordingly.

Any further movement in your case???



naanshi said:
GC_GoneCase,

Any latest updates???? :confused: :confused:
Click to expand...
 
140 updated with withdrawl notice on 10/15

Hi,
Finally there is some action on 140. The status was updated on 10/15 stating the withdrawl of 140. 485 LUD happened for self and spouse on 10/15 and again today on 10/18, no status change. No LUD change on 485 for the child.

Here is the current status on 140 -

On October 15, 2004, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

I had called customer service center and a query was initiated a week back.

This could be a result of that.

Anyway, 140 could not be approved as it was withdrawn. 485 LUD is changing but no status change yet.

Hopefully, now something should happen fast, either the denial or NOID or whatever else.

Now a question,

I have already applied for another 140 / 485 on Sept 30, 2004 at California.

1. Can I now attach that 140 into the pending 485, pending at Vermont?

2. If the new 140 gets approved say today, and as 485 was applied more than a year back, would it mean AC21 can be used immediatly after 140 is approved, subject to condition 1 above?

3. If the 485 is also denied, either by denial or NOID, Can I attach new 140 against the denial notice or NOID?

4. If the 485 is not denied due to AC21 papers sent by me earlier, what would be advisable, to attach the new 140 or not???


Thanks in advance.
 
GC_GoneCase,

Sorry to hear that. I hope you will not get in any trouble and will get your GC in California very soon.
 
Thanks kamvp.

140 withdrawl update was expected as the withdrawn 140 cannot be approved.

The issue is with 485. Would it be cleared without a supporting 140? The definition of 485 pending for 180 days for AC21 applicability is the core thing here.

The coming days would tell more about it.

485 LUD update has happened on 10/15 and 10/18 for myself and spouse. No update on 485 for kid.

Let us see. This would probably help to understand definition of AC21 more clearly.


I am sitting very cool to this situation. And I am surprised that there was no reaction from my side after seeing the withdrawl message. No bad feeling, no cursing my earlier employer. It was as if nothing has happened and I got good sleep in the night too.

I have already protected myself by applying a lobor earlier this year and another 140 / 485 at CA about 3 weeks back.

I am determined to fight it out till time my heart believes there was no more hope.


kamvp said:
GC_GoneCase,

Sorry to hear that. I hope you will not get in any trouble and will get your GC in California very soon.
Click to expand...
 
GC_GoneCase, I am glad you've gotten a backup for yousself and thus been able to sleep tight. If you want to attach your new I140 onto your old 485, you should just file a new I140 alone. However, it looks like you now have two I140 and I485 at the same time. In this case, the two sets will be more likely to sit int he queue indenpendetly.

I do hope very much you get an approval on the old I485. It means a lot to all of us who wish to apply AC21 to pending/withdrawn I140. However, are you willing to open MTR if you get an intent to deny on I485?
 
Hi whorl1quote,
I applied at CA just to try my luck if I was picked for Fast Track Pilot. If not, waiting for a year again is going to be a pain.

I was just thinking in case my new 140 was approved, and if I were not picked for Pilot, it might be good idea to move the new 140 to old 485.

If I get NOID for 485, I plan to open MTR, if it allows me to do so.

However, a lot would depend upon how the other case was procesing.

Just for your info, there is no LUD change on 485 today. I hope, they do not go to sleep mode again.

Thanks,

Here are my details -
140/485 Rd - 6/27/2003, nd - 7/11/2003
140 withdrawn by employer on 3/17/2004
140 Rfe - 6/16/2004, never received
details sent without RFE on 6/23
LUD on 140 - 6/23, 6/24, 6/25, 6/26, 6/28, 6/29, 7/1, 7/27, 7/28, 10/15, 10/18
140 withdrawl acknowledgement - 10/15

LUD on 485 (Spouse and Self only) - 6/24, 7/27, 7/28, 10/15, 10/18

No change to Kid's LUD on 485 at all.

No change in 485 status, same as last changed on 10/21/2003.

No LUD change on any other case e.g. EAD and AP.

whorl1quote said:
GC_GoneCase, I am glad you've gotten a backup for yousself and thus been able to sleep tight. If you want to attach your new I140 onto your old 485, you should just file a new I140 alone. However, it looks like you now have two I140 and I485 at the same time. In this case, the two sets will be more likely to sit int he queue indenpendetly.

I do hope very much you get an approval on the old I485. It means a lot to all of us who wish to apply AC21 to pending/withdrawn I140. However, are you willing to open MTR if you get an intent to deny on I485?
Click to expand...
 
GC_GoneCase,

Keep up good spirits, I really inspired about you. In my languange there is a one saying (proverb) ' Dirye sahase lakshmi'. ie. whoever have braveness,adventureness by nature, they will be winner oneday.


Hum Honge kamyab ek din. :)
 
Thanks kamvp,

No LUD change today on 485 for self or family.

Hi Naanshi,

Where are you? I am missing on your comments. What do you think these guys are doing to my 485? I hope, whatever has to happen should happen now rather than going to a long wait again.
 
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