Does anybody know how to withdraw I-485?

G

gcblackmail

Registered Users (C)
Does anybody know how to withdraw I-485? Will a immigration lawyer be of any help?

I signed an agreement with my employer to give $20K if choose to leave the company while I-485 is pending.

I'm not interested in waiting for I-485 approval any longer. The only option I have is to withdraw my I-485 and this will end the contract. I know such contracts are of no value but still why bother with legalities.
 
gcblackmail , are you not willing to stay with the employer or planning to go back to our country. I too feel now INDIA CALLING.




gcblackmail said:
Does anybody know how to withdraw I-485? Will a immigration lawyer be of any help?

I signed an agreement with my employer to give $20K if choose to leave the company while I-485 is pending.

I'm not interested in waiting for I-485 approval any longer. The only option I have is to withdraw my I-485 and this will end the contract. I know such contracts are of no value but still why bother with legalities.
Click to expand...
 
Yes, I want to leave to India. But would like to leave after evrything is sorted with my employer. I don't want anything going wrong while I'm away.
 
If you presently dont hold an H1B or L1 status, and you dont have AP, then I think legally your I-485 is abandoned if you leave the US. And if you leave when you still hold the job, technically you would not have breached the contract. You may then sed in a resignation from abroad, if there are no other issues in the contract. However, since the I-485 is your application not employer's you should be able to write to the USCIS for withdrawl.
 
Mata Bula Rahi Hai Tujhe Haath Jod Ke...

gcblackmail said:
Yes, I want to leave to India. But would like to leave after evrything is sorted with my employer. I don't want anything going wrong while I'm away.
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Go my friend - if you can do it without any legal problem and if you have very young baccha(s)...not too much Americanized.

Allah tera bhala karein.. apply whatever you have experienced in America to the betterment of our motherland.

Gather strength and God Willing .. you will have good life in India.

I wish I had courage to do long time ago.. have been toiling since 17 years for this drama to end. My kids are old .. and will be difficult for them.. Otherwise.. I swear.. I miss my motherland every single day.. every single day...


Bharat Mata Ki Jay Ho.
 
gcblackmail said:
Does anybody know how to withdraw I-485? Will a immigration lawyer be of any help?

I signed an agreement with my employer to give $20K if choose to leave the company while I-485 is pending.

I'm not interested in waiting for I-485 approval any longer. The only option I have is to withdraw my I-485 and this will end the contract. I know such contracts are of no value but still why bother with legalities.
Click to expand...
 
Yes you can withdraw your self

Yes you can withdraw your self ,I mean without the employer help but Lawyer will good.Let your employer know that you are withdrawing your 485 and wants to go back to India due to your personal preferences and goal.He may help you out.These employer never goes against any employee in these cases.They do nast things ,if you change employer.Try out,first he will explain you how good USA is but if u are sure to go back.They don't create any problem.I have seen these employer and in this type of situation they realy help.



gcblackmail said:
Does anybody know how to withdraw I-485? Will a immigration lawyer be of any help?

I signed an agreement with my employer to give $20K if choose to leave the company while I-485 is pending.

I'm not interested in waiting for I-485 approval any longer. The only option I have is to withdraw my I-485 and this will end the contract. I know such contracts are of no value but still why bother with legalities.
Click to expand...
 
Anybody,
Please let me know if there is a way to withdraw my 485 application. I do not have receipt notice with me. My F....Employer will not give a copy of my 485 receipt notice. All I have is my LIN number for my 485. I was trying to call up the notional service center for advice but can never get thru the call waiting.

I have contacted Murthy and I'm waiting for my response.

My request is straight forward. Can I as an individual withdraw a 485 petion filed. Do I have legal rights to withdraw without employers consent
 
gcblackmail said:
Anybody,
Please let me know if there is a way to withdraw my 485 application. I do not have receipt notice with me. My F....Employer will not give a copy of my 485 receipt notice. All I have is my LIN number for my 485. I was trying to call up the notional service center for advice but can never get thru the call waiting.

I have contacted Murthy and I'm waiting for my response.

My request is straight forward. Can I as an individual withdraw a 485 petion filed. Do I have legal rights to withdraw without employers consent
Click to expand...


only YOU can withdraw your i485. even your employer cannot do that. they can indirectly hurt your i485 by revoking i140 with is their only petition.

if you have the LIN number then its enough. you can send a letter to uscis directly refering the number "with good reason" just in case you wish to come back to this country in the future in any visa. save a copy and fedex receipt for life.

enforcebility of the contract depends on wordings in the agreement and the state law:
1. do you still maintain h1 ?
2. does the contract explain in which juridiction it can be contested. usually it will be the state where the company is actually formed or where the company is headquartered.
3. did your employer violate any kind of laws affecting you like salary, discrimination, fraud, misrepresentation etc.

at any cost, do not give anything in writing to your employer (including email) that you planning to go back to india to avoid waiting for Gc. never do that.
 
Thanks SAIGC, for your advice
Can I write to the USCIS asking to withdraw my application. What reasons can I give. Can I expose my employer to USCIS in writing and provide a copy of the GC agreement?
 
You were planning to move to India anyways, so use that as the reason and write to them requesting withdrawl. sorry to sugggest that, did not mean or want you to get out of the Country.
 
best would be medical reasons. better to say family ties. never say due to delay.

in one of the posting you have mentioned that your employer started deducting or withholding your salary to compensate his greedy $20k profit. this is illegal. it is labor violation and tax evasion. employer dont have the right to use your salary for this even if you agreed in writing. in case you have this agreement in contract they can only deduct any applicable/lawful amount from the NET PAY (after tax) and not before. all these amount can be deducted only in the final paycheck. any amount that could not be recovered from the netpay should be demanded from employee or file a lawsuit. this is the normal legal procedure a company should follow. they do this to save their money from legal expense. remember cheap employers like this feel more pain to loose every cent in consulting business.

demand your employer in EMAIL to pay the salary without deducting and notify that failing which you will complain to IRS (tax fraud division).

demand your employer to send you the copy of i-485 document which is your document and NOT employer.

notify them that failing to do these will force you to resign "because of their violation" and for discriminating you. they will try to call or ask you to call. never talk to them in phone with these kind of employer EVER in your life from now on.
 
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