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approved_lab

New Member
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140, they are telling me that they will revoke my H1 also. I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
Please mail me at approved_lab_prob,,,,yahoo
 
approved_lab said:
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140,
they are telling me that they will revoke my H1 also.
------------talk to your vendor and inform the situation if the vendor is ready to help you file H1 transfer through vendor(no need to inform your present employer) and new employer OR talk to any employer who is ready to file H1 transfer( they will file as you have job) and keep working with vendor and get paid through new employer who files H1 trasfer for you. once they know that you filed H1 transfer then the present employer will think what he is going to loose
I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
-------------- if you have copy of I-140 filing reciept just file the I-485, I-485 is YOUR petition, you can file directly or through any lawyer ( no need to inform them you filed I-485, dont use company lawyer) I-485 can be filed without employer letter. if the pending I-485 hits 180 days you will be eligible to use AC21 and when USCIS sends RFE for job offer letter send new employer job offer letter, file EAD AP with I-485. you CAN file I-485 if PD for you is current
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
--------file the H1 transfer through other employer. and for the wages that they have not paid you can send complaint to DOL how to do it read below


Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
Click to expand...
 
485 cannot be filed

Employment based 485 cannot be filed without a letter on company letterhead of the petitioning employer confirming the job. This is one of the mandatory document required to file EB 485.


ginnu said:
approved_lab said:
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140,
they are telling me that they will revoke my H1 also.
------------talk to your vendor and inform the situation if the vendor is ready to help you file H1 transfer through vendor(no need to inform your present employer) and new employer OR talk to any employer who is ready to file H1 transfer( they will file as you have job) and keep working with vendor and get paid through new employer who files H1 trasfer for you. once they know that you filed H1 transfer then the present employer will think what he is going to loose
I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
-------------- if you have copy of I-140 filing reciept just file the I-485, I-485 is YOUR petition, you can file directly or through any lawyer ( no need to inform them you filed I-485, dont use company lawyer) I-485 can be filed without employer letter. if the pending I-485 hits 180 days you will be eligible to use AC21 and when USCIS sends RFE for job offer letter send new employer job offer letter, file EAD AP with I-485. you CAN file I-485 if PD for you is current
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
--------file the H1 transfer through other employer. and for the wages that they have not paid you can send complaint to DOL how to do it read below


Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
Click to expand...
Click to expand...
 
I don't think USCIS would even accept an 485 application without employment letter as it is a "initial evidence" docuement.


unitednations said:
It is a little quirk in the system that people have used.

It worked pretty well in the old days when USCIS would take 12 to 24 months to adjudicate a 485. If you didn't supply an offer letter then uscis would ask for it in an RFEl. As long as when you answered the RFE and it was older then 180 days and you invoked ac21, you had a pretty good chance to get away with it.

However, USCIS is approving most 485's within six months these days.
Click to expand...
 
What you could do is, ask for an original emp. verification letter for whatever reason(visa stamping, bank loan etc.). And apply for 485 with it. You'll still need a copy of the 140 approval notice.

It could be a issue if USCIS issues RFE for exact verbiage in the EVL.
 
I don't understand how one can file I-485 on his own. My friend is also in same situation and he said he cannot file I-485 on his own or through some other employer without having LC,I-140 through new employer.

I have seen my I-485 filing documents and clearly see my sponsering employer has signed the offer letter on a company letter head.

The only option you could do is transfer your H-1 to a new employer, apply perm labor and then I-140 and use the old I-140 pririty date for filing I-1485.

This could happen only if your I-140 is not revoked by your previous employer.

This is opinion from my friend.
 
approved_lab said:
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140, they are telling me that they will revoke my H1 also. I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
Please mail me at approved_lab_prob,,,,yahoo
Click to expand...


hey - I agree with unitednations .....

since your I-140 got approved - the Priority Date is yours.....even if your employer revokes I-140

So, why care? Just go with a new company - ask them to file PERM labor / I-140 ( wouldn't take more than 2-6 months) and apply I-485 then , using the old I-140's priority date!
 
Your I-140 is protected only when you file I-485 and is pending for more than 180 days then you can invoke AC21.
 
S_Reddy said:
Your I-140 is protected only when you file I-485 and is pending for more than 180 days then you can invoke AC21.
Click to expand...

The specific I-140, yes. The priority date, on the other hand, remains with the alien forever the instant that specific I-140 is approved. The employer could withdraw it the following day and the priority date remains.

UN is correct. Back in the day when all of the PDs were current, AC21 made since simply because the LC/I-140 process took so darn long. Now, with the LCs being so quick, the lack of a current PD is what makes people want to use AC21. However, if you can retain the old priority date then it makes perfect sense to file the LC, and then file the new I-140 and I-485 concurrently, claiming the old (current) priority date.
 
TheRealCanadian said:
The specific I-140, yes. The priority date, on the other hand, remains with the alien forever the instant that specific I-140 is approved. The employer could withdraw it the following day and the priority date remains.
Incorrect.
If prev employer revokes I-140, one can lose PD even after it has been ported to new I-140.

UN is correct. Back in the day when all of the PDs were current, AC21 made since simply because the LC/I-140 process took so darn long. Now, with the LCs being so quick, the lack of a current PD is what makes people want to use AC21. However, if you can retain the old priority date then it makes perfect sense to file the LC, and then file the new I-140 and I-485 concurrently, claiming the old (current) priority date.
Click to expand...
 
approved_lab said:
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140, they are telling me that they will revoke my H1 also. I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
Please mail me at approved_lab_prob,,,,yahoo
Click to expand...

If you are not happy in this job, look for other options. You can join vendor directly by H1 transfer or thru some other company. I hope you don't have any agreement with current employer which restricts you to work for this vendor.
 
Originally Posted by TheRealCanadian
The specific I-140, yes. The priority date, on the other hand, remains with the alien forever the instant that specific I-140 is approved. The employer could withdraw it the following day and the priority date remains.
Incorrect.
If prev employer revokes I-140, one can lose PD even after it has been ported to new I-140.

UN is correct. Back in the day when all of the PDs were current, AC21 made since simply because the LC/I-140 process took so darn long. Now, with the LCs being so quick, the lack of a current PD is what makes people want to use AC21. However, if you can retain the old priority date then it makes perfect sense to file the LC, and then file the new I-140 and I-485 concurrently, claiming the old (current) priority date.
Click to expand...

desi3933 you are wrong...

as per Yates Memo - I-140 PD is crealy reatained by the employee when I-140 is revoked....
the only time I-140 PD is not retained is when it's a case of fraud -
 
unitednations said:
According to the law; once 140 is revoked by employer or uscis then priority date is gone.
Click to expand...

UN, where did you see this? My understanding about retaining the priority date is that if an alien has multiple approved I-140 petitions, then the priority date of the earliest petition can be used, unless the original I-140 has been revoked by USCIS/INS for fraud or if the original approval was in error.

USCIS has gone out of their way to say approval of I-140 remains intact even if employer revokes 140 after person is eligible for portability.
Click to expand...

I think the Yates memoranda needed to be explicit on this because the alien would be getting a GC with no supporting immigrant visa petition filed by the new employer; in such a circumstance I think they did the right thing by clarifying what should happen.

If person asked for porting of priority date on an I-140 which wasn't eligible for ac21 and uscis actually revoked the 140 later upon employer request; there wouldn't be much of an argument as to why you should retain the priority date.
Click to expand...

Again, while the I-140 cannot be used for AC21, it can certainly be used for priority date purposes, or so goes my reading of the law.
 
banta4gc said:
desi3933 you are wrong...

as per Yates Memo - I-140 PD is crealy reatained by the employee when I-140 is revoked....
the only time I-140 PD is not retained is when it's a case of fraud -
Click to expand...

Yates Memo deal with AC-21 and in that case person can persue I-485 even after I-140 is revoked.

This is a case of PD porting and one can lose PD porting if the previous I-140 is revoked.

Two different things. Apples and Oranges.
 
unitednations said:
A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
Click to expand...

Thanks UN.
 
http://www.uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf

check out this Yates memo (I referred to earlier) - on I-140 Priority Date - nothing to do with I-485...


(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
 
Last edited by a moderator:
My I-140 was revoked by prev employer and I filed MTR for my 485 denial. What is my priority date now? USCIS confirmed that they issued 485 denial in an error based on a revoked I-140. Please guide me.
 
unitednations said:
Note: there are two types of revocations;
Click to expand...

204e is pretty much a catch-all; it states that just because you have an immigrant visa, they can still deny you entry if you turn out not to be qualified. Same thing with 205; I believe that was passed in response to the court case a few years ago that required DHS to admit something with an approved immigrant visa already in transit to the US.

The big question: if the employer indicates to USCIS that the job is no longer available, is that considered a revocation under Section 205?
 
I can understand the stipulated law defines various reasons for revocation...

Let's not digress...

but the theme of the thread was about I-140 PD retention....and it is valid for employee even after I-140 revocation...thx to Yates Memo on I-140 PD retention...
 
UN,

It's like interpretation of any statement....2 persons can always interpret it differently....

Well, how much ever I like to disagree with you on I-140 PD retention law, one can always interpret it as vague!

What about the evidence in this forum....so many folks in this forum had their I-140 revoked and not one indvidual lost their PD - How do you explain that?
 
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