Future employment case

P

pareshv75

Registered Users (C)
Hi,
When my previous company filed for chapter 11, I started searching for job.
One of my earlier employer who did not have job for me at hand but was expecting business to come in future agreed to file my greencard for future employment. Meanwhile my previous company sold the division to my current company.
This happened 3 years before.
I had mentioned my all employment history correctly before filing I140 and is not changed since.
In between with my earlier employer my
I140 was approved on May 2003
My 1st FP was on April 2003 and 2nd on Sept 2004.
My case got transferred to Las Vegas on Nov 2004.
Me and my wife called for interview with adjudication clerk on June 30 but in letter they did not ask us to bring any documents but says interview will be videotaped.
My wife's interview is at 8:30 am and mine on 9:00 am.
I have small daughter too who is borned in US.
My lawyer is out of town and will be back on June 28.
I got interim appointment with another lawyer but I am not able to understand
if this is normal or any problem.
My lawyer use to say there is no problem in my case as I have not changed employer since filing case and case is for future employment from start as mentioned in my job offer.
she says that as long as I have job offer letter with similar job description I should not have problem.
But I am worried that why interview is there without documents.
Regards
Paresh
 
pareshv75 said:
Hi,
When my previous company filed for chapter 11, I started searching for job.
One of my earlier employer who did not have job for me at hand but was expecting business to come in future agreed to file my greencard for future employment. Meanwhile my previous company sold the division to my current company.
This happened 3 years before.
I had mentioned my all employment history correctly before filing I140 and is not changed since.
In between with my earlier employer my
I140 was approved on May 2003
My 1st FP was on April 2003 and 2nd on Sept 2004.
My case got transferred to Las Vegas on Nov 2004.
---------- that is normal
Me and my wife called for interview with adjudication clerk on June 30 but in letter they did not ask us to bring any documents but says interview will be videotaped.

------------- you must take W-2 for last 3 years, tax filing last 3 years, 3-4 recent pay stubs ( make the copy of all they see the orignal and keep the copy) all EAD AP, your and spouse I-94 , birth certificate, marriage certificate, 2 passport photographs for you and your spouse and recent letter of permanent job offer from employer and your passports and DL or ID
My wife's interview is at 8:30 am and mine on 9:00 am.
--------------- both will go for interview at the SAME time
I have small daughter too who is borned in US.
---------------- if you have her Birth certificate or her US Passport take that with you and they will add the info of baby on I-485 form at the time of Interview
My lawyer is out of town and will be back on June 28.
I got interim appointment with another lawyer but I am not able to understand
if this is normal or any problem.
My lawyer use to say there is no problem in my case as I have not changed employer since filing case and case is for future employment from start as mentioned in my job offer.
she says that as long as I have job offer letter with similar job description I should not have problem.
--------- that is correct
But I am worried that why interview is there without documents.
----------- take the documents written above

*** if your I-140 was filed by employer A and then you filed I-485 based on that I-140 (or filed I-140 ,I-485 same time) and you are working with employer B then take the future job offer letter of B so that you can invoke AC21
** you did not post:
employer A filed I-140 or employer B filed I-140
you are working with A or B?

**when post question better post the full details so that others can understand the situation
Regards
Paresh
Click to expand...
 
pareshv75 said:
Employer A filed all Labor, I140 I485 but I have been working for employer B.
------------- take letter of employer B and request for AC21
Regfards
Paresh
Click to expand...
 
Pareshv,

Pl.post your details after your interview, I am in the same boat.

Best of Luck,
rb180
 
Why no documents

My worry is that why they did not put list of documents.
As I485 filed for 3 years before do I have to do medicals again?
Thanks Ginnu(This is what I call my brother too) for reply and I will definitely come back and post details.
Regards
Paresh
 
jomhel01 said:
so who receives the RFE from mail, the applicant ? the lawyer? the employer?
-------- if I-485 filed directly without layer= you
if filed through lawyer= lawyer
employers has nothing to do with I-485 it belongs to you
rgrds
john :)
Click to expand...
 
Ginnu

If 485 is filed by attorney, does the beneficiary and attorney both not receive a copy of the NOID/RFE? My 485 is through attorney but I am using AC21 to shift my employer and my employer had filed for my 485 on behalf of me. I am worried that my attorney might not respond because of attorney-client relationship. Should I do a G28? I have heard that doing that also does not help as USCIS is very slow in trying to correlate such docs with your file and it sometimes gets ignored.
 
Ginnu heres my Signature, what Threand should i join?
EB3
I-485 - RD 04/29/2004 :ND 05/11/2004

I-140 - RD 05/10/2004 :AD 08/16/2004 (PD: 04/30/2001)

FP : - RD 02/10/2005 :ND 02/17/2005:done 04/01/2005

LUD Change for I-485 - 05/12/2004 - 04/01-FP done - 04/06 - FP Received - 04/19- resumed case - 05/25 - 05/30 - 06/03 - 06/14

AD:???? RFE letter????
 
Last edited by a moderator:
Ginnu,

My problem is that my petitioning company closes on Dec. 2004 and never worked with them. But Im working and used my EAD on a Desame / Similar job. When iI told this to my Lawyer, he told me to wait until the RFE arrives, and this makes me scary.

What do I need to do now?

John
 
sjetly said:
Ginnu

If 485 is filed by attorney, does the beneficiary and attorney both not receive a copy of the NOID/RFE?
------------attorney
My 485 is through attorney but I am using AC21 to shift my employer and my employer had filed for my 485 on behalf of me.
--------------- I-485 is filed by YOU and belongs to YOU
I am worried that my attorney might not respond because of attorney-client relationship.
Should I do a G28?
---------------- YES, chenge the lawyer, hire your lawyer file new G28 through him and let new lawyer update the service center that he/she represent you also provide your I-485 filing reciept copy. if you are directlty filing AC21 then send certified letter to USCIS that you revoke the G28 filed by attorney XYZ and they should send any notices to yu directly on adddress...... on the cover letter write your I-485 reciept# your A# your DOB, address and signature and attach copy of pending I-485
I have heard that doing that also does not help as USCIS is very slow in trying to correlate such docs with your file and it sometimes gets ignored.
--------------- not always, if lawyer sends it then he keeps the record. if you send them then send it by certified return reciept and out side the envelope write in big bold letters: Please revoke the form G28 filed with pending I-485
if sending AC21 write: Request for AC21 in pending I-485
Click to expand...
 
jomhel01 said:
Ginnu,

My problem is that my petitioning company closes on Dec. 2004 and never worked with them.
-------------- closed or closes? if it is closed dont wait for RFE inform the USCIS and invoke AC21
But Im working and used my EAD on a Desame / Similar job.
When iI told this to my Lawyer, he told me to wait until the RFE arrives, and this makes me scary.
--------- you are safe to use AC21.
What do I need to do now?
----------------- I will update USCIS and invoke AC21 if I am not working with petitioning company.you can invoke AC21 only before the I-485 approval
Ginnu heres my Signature, what Threand should i join?
EB3
I-485 - RD 04/29/2004 :ND 05/11/2004

I-140 - RD 05/10/2004 :AD 08/16/2004 (PD: 04/30/2001)

FP : - RD 02/10/2005 :ND 02/17/2005:done 04/01/2005

LUD Change for I-485 - 05/12/2004 - 04/01-FP done - 04/06 - FP Received - 04/19- resumed case - 05/25 - 05/30 - 06/03 - 06/14

AD:???? RFE letter????

John
Click to expand...
 
ginnu,

I have received RFE yesterday in the Mail..This is what they're asking

>I-485 Supplement A
>$1,000 - penalty
>Birth Certificate
>I-693 (Medical)
> A letter from current employer with duties, inumeration,and continued employment.
>w2 or 1099 for the last two years
>Income tax/statement of earnings

So difeerent from my sister regarding on writting a letter which say's:

>A letter from your petitioning employer who filed you I-140/I-131. The inumerations , duties and continued employment.

My question is it is ok just to use my current employer right now & dont invoke AC21..

Remember my signature, that i didnt work from petitioning employer due to they closed the business..
 
jomhel01 said:
ginnu,

I have received RFE yesterday in the Mail..This is what they're asking

>I-485 Supplement A
>$1,000 - penalty
------------------------------- is your case 245(i)?????? Did you stayed illegaly in US? when was your LC filed???
>Birth Certificate
>I-693 (Medical)
--------------- did you not submited Medicals with I-485??
> A letter from current employer with duties, inumeration,and continued employment.
>w2 or 1099 for the last two years
>Income tax/statement of earnings
----------------------- also take 3-4 recent pay stubs, EAD, AP, I-94
So difeerent from my sister regarding on writting a letter which say's:
---------------- why you are mixing your sister with your case?????
>A letter from your petitioning employer who filed you I-140/I-131. The inumerations , duties and continued employment.

My question is it is ok just to use my current employer right now & dont invoke AC21..
-------------------------- you need to take letter of the current employer with same/similar job duties, if the current employer did not file I-140 for you then you are invoking AC21
Remember my signature, that i didnt work from petitioning employer due to they closed the business..
-------------------------- take new employer letter and use AC21 becase the employer who filed I-140 has closed the shop
Click to expand...
 
Last edited by a moderator:
ginnu,

thanks a lot for the answers

Yes, i filed for 245(i),
and ill be going to my lawyer today, i hope everything is alright..
 
jomhel01 said:
ginnu,

thanks a lot for the answers

Yes, i filed for 245(i),
--------------- if it was 245(i) case why you or lawyer did not send $1000 at the time of I-485 filing ??? I think you have bad lawyer
and ill be going to my lawyer today, i hope everything is alright..
Click to expand...
 
ginnu,

I believe your right, i really have a bad lawyer.
I came today and he said he's to busy for others cases and he will be available by friday..GRrrrr!!!!

>yes, the case is filed here in USA...

>the actual sentence on my EVL is>>>>>
" written letter from current employer, date of hire, enumeration, duties and prospect for continues empployment..>>>

:does he implying the petitioner or my current job right now???

Rgrds
john
 
jomhel01 said:
ginnu,

I believe your right, i really have a bad lawyer.
I came today and he said he's to busy for others cases and he will be available by friday..GRrrrr!!!!

>yes, the case is filed here in USA...

>the actual sentence on my EVL is>>>>>
" written letter from current employer, date of hire, enumeration, duties and prospect for continues empployment..>>>

:does he implying the petitioner or my current job right now???
-----------------current job right now and they want to approve under AC21. provide the current employer letter that state the date of joining, job title, job duties(same/similar) and offer of permanent job after I-485 approval(the letter should also state that you are working fulltime)
Rgrds
john
Click to expand...
 
You must log in or register to reply here.
Top