Free At Last -- 4 year marathon finally ends

S

Slowly Turning Green

Registered Users (C)
I have finally been approved -- just got the passport stamped today.

Unique Charactistics of Application:

- I changed employer BEFORE 180 days from issue of the 485.
- I changed it BEFORE the AC21 rule was passed.
- My original lawyer also lost the finger print notice and I only found out when I got an RFE that the INS had been waiting for me to be fingerprinted for 8 months.

Details:
EB3, India
Priority date: April 1998
RD + ND: Dec, 1999 (can you believe this)
Changed employer: April 2000
RFE Issued: Mar, 2001
RFE response received by INS: Jun 9, 2000
Finger Prints : Aug 2001 (original FP notice issued Sep 2000)

Contacted senators and congressmen for help: Sep, 2001
(Most of these inquiries just came back with the standard response that processing will take another 60-90 days.)

Requested Expedite on Application due to family emergency: Dec, 2001

Approved: Dec 6, 2001
Stamped: Dec 14, 2001 ( TWO years after 485 was received by Vermont)

I can hardly believe this is over. This process has dictated what jobs I could pursue, it has kept me away from my wife for 6 years now due to the geographic limitations of the labor cert, and left me completely exhausted.

This discussion group has been a tremendous support. Thank you all for your comments, advice, good humor, and patience in putting up with the occacasional whining. Rajiv Khanna and team deserve a big thanks too. Everyone always told me that I had no patience. INS certainly broke me in and I guess I owe them thanks for helping me learn to be much more patient.

If I can answer any questions, please feel free to post them and I\'ll do my best. To all those waiting who filed in 2001 and are getting edgy, just remember that your time will come. Some of us have had to wait two years just for the 485. Give it a few more months and all will be well.
 
Congratulations!

You well deserved it! Your lawyer should bear the blame for losing your FP notice. As we are all going through this unbelievably lengthy process, I know how hard it is to be patient. Easier said than done!

I have a quick question about your pre-180 days job change. Did INS question it(or did you get any RFE for it)? It seemed smooth for you. What documents did you submit? New and old employment letters? Yours is the first approved case I\'ve seen that is related to pre-180 days job change. It is a huge victory!

Again, congrats! Enjoy your freedom! It must be the best holiday for you over the past few years!
 
Gongrats...!

Congrats man, it looks like you suffered a lot, but your patience paid. Can you please ans my qs.
1. Is your new job with same skills.
2. Is your salary more than the old one.
3. What was rfe about.
4. Did ins raised any question about changing job before 180 days.
5. Should the new job geographic location be same as of old job loc.
6. Did you change your lawyer

Thanks
 
No Title

congrats on your freedom
I had two questions
   1. what was the rfe about?
   2. where you ever asked about your past employer
 
Answers to all questions above

EAD Vs H1
---------
I moved jobs in April 00, my receive date was Dec 99. I received the EAD in Jan 00 and my H-1 expired on May 00. I did not get another H-1 with the new employer and worked on the EAD. The EAD was extended again for 01 and I had sent an extension a third time before the approval came.

RFE Details
-----------

RFE was issued in Mar 01. Asked for employer letter, and paystubs. They did not know that I had changed employers at the time. The RFE also casually mentioned that although a Finger Print notice had gone out, they had not received any prints from me. That\'s how I know my lawyer had screwed up.

Change of Lawyer
----------------
I fired my old company lawyer and hired another to represent me. He filed my RFE response with my new company\'s letter and paystubs.

Job Details
-----------
I followed the following guidelines my lawyer recommended for the new job:
- in the same geographical area as the Labor Cert
- higher salary than LC
- Same role and job classification as specified by DOT handbook, but at a higher managerial level

180 day rule
------------
According to my lawyer, it matter that the application be pending for more than 180 days, and does NOT matter that I work for the same employer who filed my 485 for 180 days. I could have left my old employer sooner, as long as the 485 remained pending more than 180 days. In my case, I easily satisfied the requirement as my 485 was pending for 2 YEARS total!

Although the INS has not issued guidance and instructions on the AC21 rule, they did not question me at all about the change of employer and, apart from the delay, it was a straight forward process.

Hope that helps.
 
Congrats. Is Courtesy copy enough for PP stamping?

Is Courtesy copy enough for PP stamping?
 
withdraw H-1 or I140 if company inform INS?

Thank you very much for your help. I had one more question, Did your old company inform INS ? That means to withdraw your H-1B or/and withdraw I140? I hear if the company withdraw I140, there is no way to get GC, any info do you know, Please help.
Thanks a lot
 
Answers to Jane and Ram

Jane:
No, my previous company did not inform the INS. I left on good terms and they were emotionally supportive. They would have hired me back if I got into any INS trouble.

Ram:
Yes, courtesy copy is enough for getting your passport stamped

All the best.
 
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