Advice Needed from Jaxen/Millls/Others

ecclabs

ecclabs

New Member
Hi:

I have a different case alltogethar.

I started my GC process September last Year. I am working with my sponsoring employer for last 4- 5 years.

My details are below:

Got Transferred from overseas subsidiary company on L1A visa.

My i140 was filed in EB1
Center CSC

I140 filed October 2001
I140 Approved feb 2002

Filed I 485 Apr 2002
Completed FP for self & Spouse in May 2002
Got EAD & AP for Self
Didn't apply for AP/EAD for Child & Spouse as they have valid L2 Visa till March 2004

180 days will complete on Nov.

The company is not doing good. Going on for some time on Loan money.

Couple of other employees on L1A got their I140 rejected due to company financial after getting RFE.

The Company is asking me to go back as they are shifting the R&D other activities back in subsidiary I came from and want to reduce cost using this situation. I have asked for some time so that I can take all your advice.

I am just 5-6 weeks away from completing my 180 days. Company lawyer is representing my case.

What should I do ?

I have to soon reply back to them.

Please pool in your advice in this regard. I will be deepely indebted to you all.
 
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my 2 cents for free...
You are an adjustee now... The 6 months rule is still ambigious as to whether or not it is upon the beneficiary to be with the sponsor for that period or the INS to adjudicate the case...
You may want to try to get your AP/EAD done ASAP. That way, you can work for other employers, if you decide to quit.

Offcourse, you are the best judge..
 
Take the plunge...

You have to find a job here and if you can do that without burning your bridge with your sponsor that would be ideal. Even if INS generates a RFE before this 180 days you should be able to show evidence of new employment after 180 days.
 
What if Employer revokes i140 after I change jobs after 180 days

Thanks Sunny J & Jaxen:

What happens if Employer revokes i140 after I change jobs after 180 days.

Can he leaglly do so.

Advice anticipated.
 
yes Employer can

You will get a RFE. But AC21 June memo protects you. So if you respond to the RFE with proper documentation you should be in the clear.
 
What If..

Jaxen:

Company is saying they will keep the GC process alive and do the needful, though I don't believe it.

Lets look at thsi situation for time being.

I have EAD & AP. My Wife & Kid doesn't have AP. They are on valid L2 till 2004. If I leave US & join my subsidiary company, do I have to Forfiet the L1/L2.

Let us say my Approval comes while I am out of US with Familiy. Since I have AP I can come back. What Happens to Kid & Spouse. Can they too come back on Valid L2 which they have.

The company is asking me to go back in a months time.

I don't know how can they still process GC while I am out of US.

Pls Advice
 
Apply for AP for your dependents on your own. You need their I485 receipt copies. The form is i131 and requires you to write a letter why you need AP (have family in home country), + 2 photos and check for $110 each. Read up the link to your service center which will list the PO box to send and how to package this application.
It is better to be prepared then to risk denial of entry based on responses in this forum.
 
Receipts are with Lawyer

Jaxen..Thanks for the advice.

The 485 receipts are with Lawyer and he would only give them after 6 months have passed since he filed for my 485.

I have to wait till that time.

In That Case can my spouse & child stay back here, while I go back & join the subsidiary company overseas. Since, I have AP I can come back anytime. But I don't know whether spouse & child legally stay here. I have relatives here. So they can stay withou problem. Will they on L2 stay back leaglly while I am out of US.

Pls advice
 
Your dependents are ok

If their I485 are pending then they are actually now in I485 pending or Adjsutee status which is a legal status.

I dont see how a lawyer can refuse to give you copies of your I485 receipts. If i were you I would have thrown a fit. It is your application to adjsut status not lawyers. All you need are copies of the receipt notices (even fax copies are ok, you can write the receipt and A# to make it readable).

Your dependents will need those receipt copies to show proof of status and you would definitely need the receipt copy if you are planning to use AP.
 
Plan

Thanks Jaxen:

The Company is asking me to quickly decide on my move date back to subsidiary.

They have indicated end october, when they are expecting me to join back overseas subsidiary.

Looking at the situation of the current market & jobs. I am Engineering Manager managing a group 6-8 people. I feel it will be difficult for me to find a matching designation & responsibility. Since, company has expressed its view to continue my GC while I am working overseas, I am thinking of moving alone & join my duties abroad & continue to work till my approval comes.

Since, spouse & kid doesn't have AP, they will stay back with relatives till I get my approval. Once I get my approval, I shall fly back (since I have AP & EAD) and get the stamping done and then decide on further course of action. If I get RFE, I am still in the same company, which will be responded by company lawyer. This is considering every thing is in good faith & company doesn't play with my GC.

I want to know your thoughts & advice on following:

1. What all I should get it cleared from Employer before I depart ?
2. Do I have to maintain the current address or can I get it changed to my relatives address. What is advisable ?
3. What happens to my L1 status ?
4. Will I be in considered Adjustee status, even though I am not physically present in US.
5. Your thoughts on above mentioned plan.

At this time, I don't want to get into a tussle with Employer as I am quite close to GC. I would rather like to play safe than to get one -on one. with Company.

Jaxen, you advice & thoughts will help me restore my peace of mind.
 
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Answers

1. Employer cannot do much now (except withdrawal of I485- maybe)
2. You can change it to your relative's address
3. If you have file I-9 , Your L1 has been superceded. Generally, L1 (and h1) can be held concurrently while being an adjustee
4. Yes
 
Withdrawl of 485

What does withdrawl of 485 means ? Is it withdrawl of i140.

If an RFE comes while I am overseas; since Employer doesn't want to me to work back in US, may state that there is no job in future. Will it hurt my GC.

In a nut shell knowing my situation, what would you recommend:

1. Stay with Current Employer as per plan mentioned earlier & go back

2. Take the plunge/risk & stay back & try to find Job in similar capacity & Responsibility.


Thanks a ton. I will certainly like to meet you personally after I am through with this situation and getting my approval.
 
No, withdrawal of I485 itself....
If proper response is not given to the RFE, your I485 will take the denial track.
It is your life. You assess the risk. I dont want to sound like an alarmist though. You know your employer best.
 
Can employer withdraw 485 at this stage

Jaxen Thanks:

Can Employer withdraw 485 at this stage say afetr 180 days.
 
Re: Can employer withdraw 485 at this stage

You know, you are small puppy. You can not think or do anything, affraid of everything. Get the Copy of your I-485 receipt from lawyer and apply AP/EAD for your dependet. It's your application, lawyer only represent you (i-485) or your compnay(I-140 and LC). You need to take some risk. As Jaxen mention they can only withdraw I-140 not I-485 and once you pass 180 days they can not do anyhting. If you don't trust your lawyer change lawyer, if you don't trust your company change employee. But don't waste time for other with baby talks.

You can not be live without any trust with everybody. anything can happen. So be like man and live like man. Quit be a moron and act on something.

I hope this helps,

JB


Originally posted by ecclabs
Jaxen Thanks:

Can Employer withdraw 485 at this stage say afetr 180 days.
Click to expand...
 
JBM..Thanks

Jaxen/JBM:

My employer has agreed to keep me on US payroll till my GC is approved. My Overseas salary will be converted & paid to me in USD in my account. The official transfer will happen after my GC is approved.

Is this arrangement OK. Pls advice
 
small risk

If your case comes for local transfer and the paystubs reflect a very low salary , INS might doubt your employer's ability to pay a position as promised in GC. Not likely to happen though.
I dont see any problem.
 
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