Dev_recruit
Registered Users (C)
Hi Friends,
I am back on the board. I am really expecting you all to respond back and espcially our old friend United Nations to reply on this. As you may have read my earlier threads, or you can click on my id and find my old posts.
In short, I am in US on H1 visa since 1998 and my visa ended on Dec 2004. My wife completed her Masters Degree in Physical Therapy from NJ, and we applied for GC in Nov 2004 through my wife's employer on Physical Therapy background. As she falls into Nurses and Physician's category we did not have to apply for labor. Schedule A - pilot program.
Now our 140, 485, AP, and EAD were applied in Nov 2004. So we stayed back in US on AOS 485 after Dec 2004 as my H1 visa was over. We received our work permit and AP in Dec. We both were working since then.
In May 2005 we received first RFE on I 140 and that was about the employer's financial status and they asked for Tax returns. The Lawyer replied to that with tax returns. Also they inquired about Form 750A from lawyer which specifies labor category and asked for my wife’s Physical Therapy license, which was also submitted by lawyer
In August 2005, the employer and attorney received a letter with denial on I-140 as they said the form 750A was not attached to application which states that my wife is a Physical Therapist and she has practice license and she does not require labor for GC.
The attorney said that he did file 750 A earlier with license copy of my wife, but still he made an appeal on I-140 - so he filed I-290B and sent form 750A with appeal on September 5th 2005
Now during this time my wife was pregnant so we did not want to leave country with her such condition and we decided to stay back and now we are blessed with a baby boy on 30th April. We have already stayed more then 6 months now, and August 24th is the last day for us to leave country if we want to leave before 12 months of our 140/ 485 denial. So if we want to come back we will have 3 years of Barr.
I need Advise from you all,
1. We have tried waiting since last September on appeal but there is no result yet from AAU. Should we file another I-140 from the same employer now and file all papers through a good lawyer, may be this time they will approve I 140?
2. We do not want to try submitting new 485 because they will definately deny that as our old 485 is denied too. but if we apply for new I 140 and current Appeal is also pending at AAU, what if we leave before August 24th to Canada on work permit and we can stay there with a new job and permit. Can we apply for Consular Processing if any of 140 gets cleared first?
3. If the Appeal gets denied then the new application on I 140 will get affected?? and vice versa, if our new application gets approved then what happens to old I 140 appeal??
4. If we choose to go to Canada instead of India then can we file Consular processing 485 and can we go to US Consulate in Canada for interview as we will be working in Canada or we will have to go back to India for consular processing?
5. Even if we go to Canada or India after we apply for Consular processing, will they give us Green card or they will stop us as we over stayed in US after denial on 140 for about a year and they will barr us from entering US for 3 years then what happens to the consular processing and GC application or in the interview.
This is too confusing and feels like leaving US rightnow will not let us come back again ever, and some people are saying that just don't leave and try everything that you can while you are here, like filind a new 140 and wait for approval on it and then file new 485 here and wait till it gets approved but do not leave. Once you will leave there is no way you are coming back in next 10 years.
Support me guys, give me some good ideas what should i do.
Thanks
Dev
I am back on the board. I am really expecting you all to respond back and espcially our old friend United Nations to reply on this. As you may have read my earlier threads, or you can click on my id and find my old posts.
In short, I am in US on H1 visa since 1998 and my visa ended on Dec 2004. My wife completed her Masters Degree in Physical Therapy from NJ, and we applied for GC in Nov 2004 through my wife's employer on Physical Therapy background. As she falls into Nurses and Physician's category we did not have to apply for labor. Schedule A - pilot program.
Now our 140, 485, AP, and EAD were applied in Nov 2004. So we stayed back in US on AOS 485 after Dec 2004 as my H1 visa was over. We received our work permit and AP in Dec. We both were working since then.
In May 2005 we received first RFE on I 140 and that was about the employer's financial status and they asked for Tax returns. The Lawyer replied to that with tax returns. Also they inquired about Form 750A from lawyer which specifies labor category and asked for my wife’s Physical Therapy license, which was also submitted by lawyer
In August 2005, the employer and attorney received a letter with denial on I-140 as they said the form 750A was not attached to application which states that my wife is a Physical Therapist and she has practice license and she does not require labor for GC.
The attorney said that he did file 750 A earlier with license copy of my wife, but still he made an appeal on I-140 - so he filed I-290B and sent form 750A with appeal on September 5th 2005
Now during this time my wife was pregnant so we did not want to leave country with her such condition and we decided to stay back and now we are blessed with a baby boy on 30th April. We have already stayed more then 6 months now, and August 24th is the last day for us to leave country if we want to leave before 12 months of our 140/ 485 denial. So if we want to come back we will have 3 years of Barr.
I need Advise from you all,
1. We have tried waiting since last September on appeal but there is no result yet from AAU. Should we file another I-140 from the same employer now and file all papers through a good lawyer, may be this time they will approve I 140?
2. We do not want to try submitting new 485 because they will definately deny that as our old 485 is denied too. but if we apply for new I 140 and current Appeal is also pending at AAU, what if we leave before August 24th to Canada on work permit and we can stay there with a new job and permit. Can we apply for Consular Processing if any of 140 gets cleared first?
3. If the Appeal gets denied then the new application on I 140 will get affected?? and vice versa, if our new application gets approved then what happens to old I 140 appeal??
4. If we choose to go to Canada instead of India then can we file Consular processing 485 and can we go to US Consulate in Canada for interview as we will be working in Canada or we will have to go back to India for consular processing?
5. Even if we go to Canada or India after we apply for Consular processing, will they give us Green card or they will stop us as we over stayed in US after denial on 140 for about a year and they will barr us from entering US for 3 years then what happens to the consular processing and GC application or in the interview.
This is too confusing and feels like leaving US rightnow will not let us come back again ever, and some people are saying that just don't leave and try everything that you can while you are here, like filind a new 140 and wait for approval on it and then file new 485 here and wait till it gets approved but do not leave. Once you will leave there is no way you are coming back in next 10 years.
Support me guys, give me some good ideas what should i do.
Thanks
Dev