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urgent Please answer

My husbands labor was filed by a company A in 2001 and this company merged with company B in 2005. His labor was approved may 2007 and I 140 was filed in the premium process. I 485, EAD, AP were all filed on june 29th and was recieved by USCIS on july 2nd, 2007. On July 6th they sent an RFE for ability to pay and was answered on august 16th, august 17th being the last date to answer. the reason for so long delay in answering the RFE was not being able to able to get the documents from company A for 2001 to 2004. Ultimately when we got the documents(only edited financial documents of 2001-2002, no documents for 2003 and some non official documents for 2004) we came to know on august 15th 2007( after so many years) that company A was not doing good at all. My husband was getting on an average around 15,000 per year less salary than posted in his labor cert. So if anyone could tell us what will happen now after all this wait......after we spending thousands of dollars(which the company will not reimburse). My husband is in his 9th year extension. Will USCIS deny our application. Did anyone in this immigration community experience this situation. Would greatly appreciate any thoughts on appealing our case and any kind of advice. thanks a bunch immigration voice for keeping all of us tied together:(
 
Withdraw G-28

Hi Rajiv

When I filed my I-485 application, I did a G-28 granting approval for my attorney to represent me.

1. Can I write to INS and withdraw the G-28 so that I represent myself and get all notices and receipts at my address instead of through attorney?
2. What would be the bad consequences of withdrawing the G-28? Would it hold up my case?

Thanks :)

Regards,
JamGurl
 
citation not reported on I-485

I was cited in 2001 (when I was on F1 visa) for handing a beer to an underage individual in VA. The charge was dismissed a month later in the court due to lack of proper evidence. I DID NOT GO TO JAIL FOR A SINGLE MINUTE, NO FINGER PRINTING, NO FINE, NO PROBATION, NO COMMUNITY SERVICE.

I moved on to H1B, got my stamping in ottawa,CA in 2004 and travelled in and out of US 4 times since then. I forgot this whole episode and answered NO for the citation Q in part 3 1(b) of the 485 application. I found this last week when I was looking for mistakes in my 485 application copy as the application was filed on 6/29 amid the chaos of July VB reversal. I got a CLEAN police certificate from the same county in 2003 when I planned to apply for Canadian PR.

Are charges (not convictions/arrests) entered into the FBI database? What are your suggestions/recommendations? Do you recommend to amend my 485 petition right now or wait for an RFE down the lane and answer it appropriately? Does USCIS issue RFE's for these kind of issues or deny the application out right?
 
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f1 and i-485 filing

I am on H1-b. Spouse on F-1 visa.

Filed EB2 i-485 for both myself and spouse(as derivative) on July 2nd, 2007.
Spouse went out of country on July 9th, 2007 (compelling circumstances) and returned on Aug 16th, 2007 after getting f1 visa stamped at consulate(phew!).
This means i-485 is deemed abandoned. Hence, we sent another i-485 for spouse on Aug 16th, 2007 and it reached in time.

Questions:
1) Does filing her i-485 invalidate her F1 status?
2) Can spouse continue to work on campus as research assistant?
3) Will there by any problems at the time of final adjudication of i-485?
4) Do you see us facing any possible problems in future and what can be done to remedy it?
 
Hi Rajeev,

My I-140 in EB2 category was denied and I had filed an appeal. After the appeal I filed a new I-140 in EB3 category in March 2007 using the same LC. Recently we withdrew the appeal on the previous I-140. Do you see any issue in the approval of EB3 I-140. Will USCIS sent my I-140 back and then I have to refile it?? My I-140 has been pending for 5 months. I have filed I-485 in July. Do you see any issues in it.

thanks
 
Hi Rajiv,

My PERM was approved in May 2007. But, before we file I-140, I got a good job offer from another big corporate. During an offer period, I asked about company's green card policy and the HR person confirmed verbally on phone twice that my green card will be started by their corporate lawyers after 30 days of joining. Offer letter didn't mention any specific immigration policy. It only stated that "we will initiate your immigration (green card) and work with our corporate lawyers. I should directly talk to lawyers".

Now, after joining, lawyers said there is an corporate immigration policy which requires me to work atleast 1 year fulltime before they can initiate the green card. I complained that I was told 30 days policy during a job offer. They did some investigation and came back to me that HR person who talked to me during a job offer doesn't remember mentioning 30 days to me. And now, there is no way they can start a green card for me until next year.

Now, that HR person doesn't reply my emails and calls and my manager says he can't go against the company law. One thing was found that "1 year policy" was introduced last November. Before that there was no policy regarding this timeline. and My manager said, that HR person may not know about the new policy during a job offer.

My question is:
If there is a specific 1 year immigration policy, that company should mention about it in an offer letter? Do we have any legal filing options in this case?

My green card future is screwed up because of this.
Please reply. I would really appreciate your support.

Thanks
 
Hello Rajiv,
Thank you for the great service. Came to USA on L1 visa and stayed for 4.5 yrs. Applied for L1 to H1 transfer and received H1 approval with extension of stay 61 days before the departure from USA and didnt start working with H1B employer. Stayed outside of the country for 15 months,applied for H1B transfer while outside of USA using approved H1B and reenetered on H1B visa. During my two H1B transfers after my reentry into USA USCIS gave me 3yrs extensions.
QNS:
1) Is it safe to assume that i am in new 6yrs block, even though i entered into USA on H1B approval from my old block of 6yrs.
 
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H1B on 221g , L1B application

Dear Sir,

I had been to the consulate interview for the H1B interview and have been issued a 221g form and asked to submit several documents.My employer has told me that it will take him some time to provide me with those documents.

In the meantime , my current employer has started applying for Blanket L1 Visa for me (The petition is already approved). The Travel requirement on Blanket L1 will be for 4 week.

Is it possible that I go for the Blanket L1 interview , travel for 4 weeks and then submit the documents required for getting H1B stamped once I come back.Please let me know if you see any problem for the H1B application if I go for the Blanket L1 Visa interview as I am more interested in my H1B application.Please give me your advice so that I get my Blanket L1 without affecting the H1B application.

Thanks a lot Sir.
a_s_b
 
Period between joining new job

I got laid off from company A - last date being July 17, 2003. I joined company B, the H1B was received by INS with a receipt date of August 7, 2003 (a gap of 3 weeks). I have not travelled out of the country since then. My labor and I-140 are approved and have applied for 485. Do you see any issue with this gap period?
 
My husband is in his 5th year of H1B. He is the beneficiary on the 485 application. If wants to work using his EAD and discontinue his H1 B for now. Will he be able to re-use his H1B time later without being subject to cap, if our 485 application gets denied on any grounds?
 
PD porting and Future emploment

Rajiv,

Thanks for your excellent service.

Here is my story,

I filled my GC through Future employment and I ported my EB3 2002 priority date still my 140 has been revoked by my previous sponsored employer.

My previous employer had sponsored another employee using that LC.

My questions are:

1. If my previous employer sponsored employee gets I-485 approval before me, do I lose that 2002 priority date.

2. My future sponsoring company has started business in 2004 and I read I-485 SOP manual and it states that the company needs to show ability to pay from 2002 PD onwards. Due to this is there going to be any issue while approving my I-485.

3. While approving I-485, do the IO officer checks for I-140 physical file.

Thanks much for your service.
 
Employer Trouble

Thanks for your Precious time.
I came to US on H4 and recently became Permanent Resident.
While on H4 i worked for a friends company as recruiter, I worked to them as company’s Vice President is our family friend. CEO is an American. I didnot wanted to work on H4 but they forced me saying that i am not doing anything wrong as My SSNTax ,Medicare tax etc will be deducted in my payment and in turn company will pay it in tax returns . We even signed an agreement with all these points on which CEO,VP and myself all signed. Accordingly company used to pay me deducting all the taxes (SSN, Medicare tax etc). There was always a delay in payment. Within 3 months through my Husband AOS,i got my EAD. After getting EAD we didnot singed a new agreement as i trusted them .
After few months they totally stopped paying me and company owes still 70% of my payment. I worked so hard for them even in my pregnancy. But i was cheated. Can i contact Department of Labor. I have paid all taxes even on H4( have Proofs for everything) and got EAD in 3 months after i started working for them. Now they started ill-treating me which hurts badly. Contacting DOL will be any solution for my problem. Any suggestions?
Please help me.
 
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Many of the OLD PD ( 2002 ) Still didn't get their GC at TEXAS center. Most of them got all of their case in a clear status. ( No name check pending and Biometrics are done). Infact some of them when they did the status enquiry even back in 2005 they had been told their case is pending for lack of VISA numbers only.

For some reason they didn't get the approval in the recent stream. Is there any thing these guys can do? ( All of these are branded as UNLUCKY ones in the system). I would think the system shall work in FIFO fashion. Not randomly picking the so called LUCKY cases. I am sure this is going to happen in future also.

With your vast experience with the system. Can you recommend any thing?

Pl. note most of them ( this includes me) did the case status enquiry, took the infopass tried to enquire through congressmen. But when the case is clear, none of the methods are working to break the ice.

WHAT TO DO????
 
Multiple 485 (primary and derivative) question

Hi Rajeev,

My I-485 was filed by my employer on Aug 7th (I-140 pending) where my wife was dependant on the application. Here I did not have any G-28 form as application was filed by my employer on my behalf and all receipt notice will come directly to me.

My wife's employer filed concurrently I-140 and I-485 on Aug 8th with me as dependant. My wife's employer had a lawyer so a G-28 is attached to 485 forms.

NONE of the above 485 application from either side mentioned about the other application as they were filed on an interval of a day and we were not able to do anything about it.

1. Will that create any problem ?

2. Will two reciept notices and Finger Print for each person will come ? Will the FBI Name Check will be done twice ?

3. After we get receipt notices what we should do, Do we need to inform USCIS and ask them to combine the two applications or do we need to withdraw the other set whichever's I-140 gets approved?

4. We have not applied EAD/ AP on any application as we have enough H1 period left, so can we apply on any application after we get receipt notices ?

5. Will it delay our case as we have filed two 485 applications as Primary and derivative ?

Please advise...

Thanks in advance.
 
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Hi Rajiv,
Here is my question.

I-140 pending since Dec'2006 and filed 485/ead/ap on July 20th. In 4th year of H1 B. What happens if someone gets laid off at this point? What are his options to save his green card. Also how the situation would change if 140 gets approved.

thanks,
RC
 
Hello Rajiv -

Q: I-485 - what kind of check does this I485 entail - besides medical and criminal background check?

Q: Does having too many addresses in US a problem? I have moved quite a bit in the last 6 years. For example - 5 different addresses in the same city. Never been happy with the apartment I lived in :)

Q: Can I file 3-yr extension for H1 visa based on approved I140? AOS is in process but dates are not current? I also have applied for EAD and AP, but would like to H1 in case, I want to get married and bring my wife on H4?
 
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order of AOS case adjudication

My 485 filed in July 2004(PD July 2003), got approved in July 2007, EB3 India. We filed for my wife's 485 in July 2007 and we now have a reciept number for her.

Would the underlying PD for my wife be the same as mine(July 2003)? What order would INS follow to process the application. ie. if someone has a RD 2007, PD 2007 would her application get precedence assuming July 2003 is current for EB3 India at a given time..

Thanks..
 
Two EAD applications in parallel under two different categories (L2 EAD & I-485 EAD)

Rajeev,

Thanks for your great service.

Here is our case. My wife and I have applied for I-485 based EADs along with our I-485 applications. My wife's L2 based EAD will expire in another 5 months, so we want to renew her L2 based EAD immediately. We may receive our I-485 based EADs before that. But if my wife uses her I-485 based EAD, we will loose our L1 / L2 status which is risky (again as per “your favorite advice”; we should have multiple options). We would like to continue on L1 / L2 status until our final Green Card is approved, so she needs L2 EAD.

I have checked this with our lawyer, he clearly mentioned that we can apply for apply L2 based EAD while I-485 based EAD application is pending and we need to specify the facts in I-765 application about the previous I-765 applications.

In one of your conference call, you have mentioned that we should / can not apply for EADs in parallel. I assume you are referring the EADs of multiple I-485s. Is it applicable for two EADs under two different categories? Please advice on this. Thanks in advance.

Best regards,
Giri.
 
Use AP to enter and continue working with sponsor employer on H1

Dear Attorney Khanna:

What is your opinion on this? Use AP to enter and H1 to continue working for same employer.

Do I need to amend my H1 after entering using AP?

Will the expiration date on the I-94 by using AP have anything to do with validity of the H1 I am using to work?

Thanks very much.
 
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