Employee Not filing I140/I485 concurrently

F

francisescobar

Registered Users (C)
Hi all,
My employee not filing for I140/I485 concurrently. I like answer to following question.
1. Can I file 485 of my own.. If yes what are documents required of that.
2. Can my employee spoil my I 140 he wants to .. He has already filed it .
3. Do I need to inform my employee of filing for I 485.

thanks in advance
FE
 
Why So?

Sailing in the same boat buddy.My employer also refused to file concurrent I-485, I-140 is already filed (RD 07/01/02).

What is reason your employer not doing it?
Mine said "as an organization we will wait for I-140 approval".
 
Waiting for decision

Francis => Could you let us know why they say no 140/485 parallel processing. My company is currently having a meeting to make a decision.

What does a company lose, if it applies concurrently??

Also I think 485 is an application can be applied by each person and not by the company?? Is this true??
 
Samuel:
You are right:
I think most of us confuses the process of what part belongs to whom:
Employer: H1, LC, I-140
Employee: I539,485, 765, 131

Its the employee who actually files for those and if you do have the necessary 797's, you can go ahead and file those yourself. Bear in mind that, since an employer can retract 140, you are still at rist provided a. the petition is not over 180 or b. INS, miraculously, taking actions to unsolicited mails.
Having said that,, the bottom line is: Even if an employer is not willing to file for your AOS, if you do have the receipts,,, you can file it yourself in all fairness to the procedure...

S
 
urgent

Hello Guys,

I applied I140 in 07-05-02 and due to concurrent filing concept I applied I485, EAD in just last week.

My H1B visa is going to expire in the month of November'2002 so my question is can I stay in this country or not? because my employer is not willing to extend my H1B visa.

If I get a I485 receipt in couple of weeks can I stay in this country?

I need help to proceed.

Thanks in Advance.
 
cybercyber

You better talk to your attorney immediately. The problem is that the new law is not really clear about many things. There might be chances of rejecting I140, if so then you might be in trouble.

any comments welcome.
 
Hi KCR,

My Attorney saying that since I filied my AOS(I485) I can stay in this country but I need to know how far it is true.

If i change my H1 with another company will it be a problem or not?

Thanks in advance.
 
Is I-140 location specfic?

Somtime back my company has moved its operations from the Texas office to it's Corporate office in California. They no longer operate thru the Texas office.
My Labor was applied for the Texas location and came in yesterday.
My question is, in the I-140 paperwork Section 6 ask for employment location. Should it match with the location mentioned in the Labor application.
Also one more thing, Where do I put my I -140 papers for processing - California or the Texas INS office.
I also plan to apply for my I-485 simultaneously. Now is that also linked to a particular processing center.
 
Hi CyberCyber


I also got the information from my attorney saying that if you get receipt notice of I485, you can stay.

Actually my greencard processing is done by company A. But my 7th year h1 extension is applied by my present employer..Company B. According to the attorney, there won't be any problem. Because the green card is for future employment.

hope this helps.
 
I-485 Receipt

Just a scenario/question: I-485 receipt may be with the lawyer. To stay legally as adjustee, do you need to have a copy of that? What if lawyer refuses to provide original receipt or the copy?
Please advise.
 
Re: urgent

Hi,

Have you got the I485 receipt yet ? I am kind of in the same boat. I filed I485 with I140 receipt(pending 5 months so far) on August 13, INS got the mailing pakage on August 14. NO response , even the checks not encashed yet.

Once I485 receipt, we are safe.

Do you know any concurrent filer since Aug 1st, got I485 receipt ?

Good luck




Originally posted by cybercyber
Hello Guys,

I applied I140 in 07-05-02 and due to concurrent filing concept I applied I485, EAD in just last week.

My H1B visa is going to expire in the month of November'2002 so my question is can I stay in this country or not? because my employer is not willing to extend my H1B visa.

If I get a I485 receipt in couple of weeks can I stay in this country?

I need help to proceed.

Thanks in Advance.
Click to expand...
 
You must log in or register to reply here.
Top