Employer wants to delay I-485 intentionally

S

SoniRajdan

New Member
Dear Immigration Expert,

I am writing you this mail in deep distress and I would really appreciate for your insight towards my problem.
I am on H-1 B visa for 6 year and based on my labor petition (which was filed in 2001- got approved in 2003) my Employer filed my I-140 only. Recently my 6th year got over and my employer filed my 7th yr extension of H-1b visa through Premium processing and it got approved. So I am now in 7th year of h-1 b visa.
My employer filed for my I-140 in July 2004. It got approved in 3 Months time.
They could have file I-485 together with I-140 but they just want to delay the process because their attorney is one of the partner of the company.
So my question is:

1) As my I- 140 has been approved and I have a copy of email of approval issues by USCIS. (Though I do not have approval notice with me) My Employer told me that they will file my I-485 in March/April 2005…(this is only to delay the process and suck my blood. If they’re any way I can file my 485 with a copy of email approval of I-140? After 3 months……….can I leave the company. What is the possible way to come out of slavery?

2) I am Australian resident and I want Consular processing just to avoid the time taking in I-485, which my employer would not want. Is there a way I can get consulor processing after the approval of I-140?

3) If Employer files GC for an employee if there are any possible way that at any stage that Employee can come out the slavery?

4) If an Employer has I-140 approved, how long can they delay in filing I-1485 or consulor processing? Is there a law, which can at any stage can help employee?


I would appreciate for your reply. I get only 25% of my billing rate what I am getting This is the main reason they don’t want me to get out of their grip. I am so helpless that I would be thankful to you for your advice. Please keep in mind that this is my 7th yr of h-1b and I don’t want to waste my time now by changing the employers.
Please advice.

Regards

Soni Rajdan :o
 
Given the facts you have stated here, it sounds like you can construct a pretty convincing fraud case against the employer. Have you considered consulting an outside immigration attorney on your own for a second opinion?
 
SoniRajdan said:
Dear Immigration Expert,

I am writing you this mail in deep distress and I would really appreciate for your insight towards my problem.
I am on H-1 B visa for 6 year and based on my labor petition (which was filed in 2001- got approved in 2003) my Employer filed my I-140 only. Recently my 6th year got over and my employer filed my 7th yr extension of H-1b visa through Premium processing and it got approved. So I am now in 7th year of h-1 b visa.
My employer filed for my I-140 in July 2004. It got approved in 3 Months time.
They could have file I-485 together with I-140 but they just want to delay the process because their attorney is one of the partner of the company.
So my question is:

1) As my I- 140 has been approved and I have a copy of email of approval issues by USCIS. (Though I do not have approval notice with me) My Employer told me that they will file my I-485 in March/April 2005…(this is only to delay the process and suck my blood. If they’re any way I can file my 485 with a copy of email approval of I-140? After 3 months……….can I leave the company. What is the possible way to come out of slavery?

2) I am Australian resident and I want Consular processing just to avoid the time taking in I-485, which my employer would not want. Is there a way I can get consulor processing after the approval of I-140?

3) If Employer files GC for an employee if there are any possible way that at any stage that Employee can come out the slavery?

4) If an Employer has I-140 approved, how long can they delay in filing I-1485 or consulor processing? Is there a law, which can at any stage can help employee?


I would appreciate for your reply. I get only 25% of my billing rate what I am getting This is the main reason they don’t want me to get out of their grip. I am so helpless that I would be thankful to you for your advice. Please keep in mind that this is my 7th yr of h-1b and I don’t want to waste my time now by changing the employers.
Please advice.

Regards

Soni Rajdan :o
Click to expand...

1. If you have a copy of 140 approval, it means you have the case number of 140. So go ahead and file 485.

2. No point for CP as you need sponsor's help to be thru.

3. It is called AC-21 - it gives you option to change employer once 180 days have elapsed since you filed 485. Make a search on AC-21 on this site.

4. There is no law to force filing of applications. 485 is your application anyway,so who would you hold guilty? ;)
 
Ac21

Follow- UnitedNations suggestion, which would work.

In this case consular processing will not work - just forget about it.

AC21 will give you option of changing employer ALSO remove the privilege of revoking I-140 from your employer. AC21 will also buy you sometime for RFE (for not attaching approved I-140), during which time you would've already changed employer and that new employer would give job offer letter.

Regarding I-140 approval notice, you'll have to just wait and see if they could pull up your info., from I-140 approval notice number.

If you file 485 on your own today, by the time your employer wishes to file for your 485 in mar/apr, you would've already gained the privilege of filing for AC21 that removes the power of revoking 140 approval, from your employer.

I'm sure and positive that I-140 will not be a problem, because even if INS wants I-140 approval,

1. they would be dealing directly with you or your future attorney asking for 140 copy (as mentioned on 485) and would not deal with prior attorney or employer. When that happens your future attorney could say "can i file for a copy of I-140 approval and get the copy to himself)

PLEASE DO THIS IN SECRET and DON'T THINK OF SUING YOUR EMPLOYER, AS HE STILL HAS RIGHTS TO REVOKE YOUR I-140.

Post your decision.
 
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