Employer doesn't want to file 485 for 1 more year

M

mrdinamic

New Member
Hi,
I'm in a strange situation I guess nobody would have faced. around 4 months ago I took a pre-approved labor (EB2, Feb 2004) from a desi employer with the condition of paying $18/hr + employer taxes until I get the GC. At the time of taking the pre-approved labor, I specifically asked the employer not to delay the filing once it gets current. He agreed to the condition. It became current very soon within 2 months, but the employer doesn't want to file the 485 for 12 more months. He says He was expecting to make money for atleast 18 months and He didn't expect this to go current. He didn't give me the copy of I-140 approval as well. At this point I don't know what to do. Is there anyway we can take any legal action against the employer? Is there anyway I can get my employer to file for my I-485 immediately? Please give me any suggestions. Thanks in advance.
 
As an alternate measure while pursuing current company to file 485, this is what I would do:

1. Through the use of Freedom of Information Act (FOIA), file for a copy of 140 from USCIS.

2. Simultaneously file Perm labor with another company. Make sure this company is not like the current one.

3. By the time PERM comes through, your 140 copy through FOIA also should come through. If you still have not managed to get your 485 filed, then take the PD and file 485 with the new company. Of course your PD should still be current for this to work. But this option is still better than waiting for 1 year to file 485.





mrdinamic said:
Hi,
I'm in a strange situation I guess nobody would have faced. around 4 months ago I took a pre-approved labor (EB2, Feb 2004) from a desi employer with the condition of paying $18/hr + employer taxes until I get the GC. At the time of taking the pre-approved labor, I specifically asked the employer not to delay the filing once it gets current. He agreed to the condition. It became current very soon within 2 months, but the employer doesn't want to file the 485 for 12 more months. He says He was expecting to make money for atleast 18 months and He didn't expect this to go current. He didn't give me the copy of I-140 approval as well. At this point I don't know what to do. Is there anyway we can take any legal action against the employer? Is there anyway I can get my employer to file for my I-485 immediately? Please give me any suggestions. Thanks in advance.
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