Confused all the way

[PRD2003]

I have a strange case.. Maybe not

1. My lawyer applied for Labor in May 2001 ( I was told it was filed in Feb 01) which was approved in July 2002 (as informed by my lawyer.

2. In July 2002, my I-140 and I-485 was filed concurrently. The packet in its entirety was returned (not explained by lawyer as to why it was returned). Then I opted for CP and asked lawyer to file I-140 with CP option. However lawyer applied for concurrent filing (in Dec 2002) and mentioned that a letter was sent to INS to convert the case to for CP option.

3. Got rfe in May 03 regarding education evaluation. I-140 approved Jun 2003. Lawyer informs me that probably the CP option was not acted upon by INS. Lawyer sent another letter to INS to covert to CP option. It seems the INS told lawyer that action on the letter to convert to CP would take a long time. Instead suggested to apply for I-824. Lawyer suggested filing I-824 to convert to CP. After filing I-824 (RD 06/11/03) Recd EAD Cards on 15-Jun-2003. Now lawyer informs me that substitute labor was used. Asks me to return the EAD cards to send to INS since the I-485 has been revoked/withdrawn.

This is the present situation.

There is also a twist here. 18 months back my employer formed a joint venture with another company and I was shifted to the new company with the impression that my GC process would not be affected. So my present employer is not my sponsporing employer.

What is my situation. After reading the receipt notice (online in BCIS site - case status) I see that 824 can take upto a year to approve. And then another six months for files to move around NVC and embassy. I expect to travel to India around Dec 2003 or June 2004 and I will have no visa aound that time. Present visa has expired, but I have an H1 valid till Jun 2003 but I have to get it stamped. Since the CP route is likely to take more that 18 months (almost the the same time for AOS), should I continue to pursue I-824 route or withdraw my I-824 and resume I-485 route. Is any action needed to restore the 485 application. Are the EAD Cards still valid. Where can I find the details. My travel documents have been sent but I not received them yet. Should I ask the BCIS to resend the travel documents.

Is there a problem with substitute labor for CP. Is it advisable to stick to CP or go back to AOS. What is the procedure to go back to AOS

Please advise

 

[Zaye]

I am sorry to hear about your plight. I am sure that you will receive a comprehensive reply from some of the very knowledgable people here.

In summary, it sounds like you have an extremely inept lawyer, who rather than helping you has dramatically handicapped your case. If processed properly, you would probably be well on the way to getting your GC by now.

Could you please post the name/address of your attorney - so that people can avoid him/her.

My advice would be to consult another, competent attorney. You should definitely consider getting rid of your current one.

Sorry for not offering more constructive advice - but somebody else should chime in shortly.

 

[cannon576]

There is no problem with substituting labor certification. But, if the sponsoring employer has no intention to give you a permenant job offer of GC purposes (i.e. future job), I dont think you will be able to get GC through CP. You might be better off with I-485 route.
They also have a new ruling coming up according to murthy.com. If you have I-485 pending for more than 180 days, you will get GC. I am not sure when this will be implemented or the catch in this rule. This may be a problem for you as you may not be able to change employer and get I-485 approved if this rule is implemented; Because chaning employer would be allowed only if I-485 has been pending for 180 days or more. But if the rule is not implemented for a while, you will be able to get GC through I-485.

I am not an expert; its better you hire a good lawyer ($$$).

 

[cannon576]

if you can convince the consular officer that both companies (your current and sponsoring) represent single entity as they are working together backed by documents and letters from both companies, you may have a chance of getting GC thru CP. consult lawyer regarding this scenario