Finally !!!!!! Yes . approved yesterday. Checked on AVM this morning.
RD 9/12/00
ND 10/10/00
AD 8/13/01
EAC 01 006 53
Country - INDIA
EB2
Here is my little but helpful story.
I came to US in mid 96 ( through Indian company). I changed job in end of 96 because I was on bench and the company was about to send me back to India. I found new job and just absconded because that was the only option I had. I had a big agreement amount to pay otherwise. I joined the new company hoping they will apply for H1 immediately. But here the problem started. That was my first H1 case in that company and the company attorney was real slow........... Slower than the INS. That time I was new to this country and did not know much of the laws as I know now and there was not much info available. That was the beginning of Internet days. Any how my H1 renewal was denied. The reason was that after I left the previous job, the new company applied for it after two months and INS asked for the last pay check from the previous company. They said I am out of status. I have to renter USA to get into new status. The attorney was blaming on the company and the justice dept and the company was blaming on attorney. But I was the sufferer.
Then my attorney applied for Canada embassy to reenter. But after 2 months we got replay back that we can not do that because that time the law was changed and you have to go back to the country of origin. Earlier that was the workable solution. Then we applied to Bombay Embassy through INS. After 2-3 months we got the reply that I can come for Bombay embassy and they have received all papers. I went to Bombay. This whole thing took almost 9 months. I was getting payed. That could have been the another problem. Company just kept on paying me ( Attorney said that is not a problem ). During those 9 months, I was counting each day like hell. I had no hope that I will come back to USA again . I went to Bombay and what a surprise. Without any problem I was approved. No interview at all !!!!! I had taken a pile of papers with me.
There years passed happily. I applied for renewal. Again same old story. I got the approval but ......... On the renewal the start date was 1 JAN 2002 instead of 1 JAN 2001. First I thought it was a data entry or printing error. I talked to attorney. She said she already noticed that but I know she did not. She applied for correction and said don\'t worry. It is mistake. On the approval notice it was mentioned that " at this time you are out of status". Actually it was a punishment I guess. 1 year deportation. We kept on applying for correction for 3-4 months to INS. They never replied. I talked to IIO once but he denied to tell any thing and said he can only talk to attorney. Attorney was not able to get that line. That\'s what she said. Finally one day she did talk to INS. and the shocking news was that they were not ready to accept their mistake. I was not out of status at that time of renewal.. INS said they will take negative action soon. So my attorney talked to me and the company and said that before we get the INS negative action notice, we have to go to court.
So within 24 hours we sued INS. The matter went to court. Surprisingly. they never responded in court. May be they realized their mistake. The court waited for 2 months after non response from that party, they were asked to provided the new approval notice. I got that within 2 weeks. Second story over.
In the mean time I was processing my GC. In 140 I was doubtful because I never submitted the experience letter from the earlier company. Still I don\'t have one as I absconded. But that was approved. In 485 we stuck up for 4 months to get the EAD. First I got it but for my wife I just I got RFE for photos. Those stupid guys damaged them. So after almost 5 months I got EAD which generally takes less than 2 months.
I was expecting all kinds of RFEs in my case. But I don\'t know how I sh
RD 9/12/00
ND 10/10/00
AD 8/13/01
EAC 01 006 53
Country - INDIA
EB2
Here is my little but helpful story.
I came to US in mid 96 ( through Indian company). I changed job in end of 96 because I was on bench and the company was about to send me back to India. I found new job and just absconded because that was the only option I had. I had a big agreement amount to pay otherwise. I joined the new company hoping they will apply for H1 immediately. But here the problem started. That was my first H1 case in that company and the company attorney was real slow........... Slower than the INS. That time I was new to this country and did not know much of the laws as I know now and there was not much info available. That was the beginning of Internet days. Any how my H1 renewal was denied. The reason was that after I left the previous job, the new company applied for it after two months and INS asked for the last pay check from the previous company. They said I am out of status. I have to renter USA to get into new status. The attorney was blaming on the company and the justice dept and the company was blaming on attorney. But I was the sufferer.
Then my attorney applied for Canada embassy to reenter. But after 2 months we got replay back that we can not do that because that time the law was changed and you have to go back to the country of origin. Earlier that was the workable solution. Then we applied to Bombay Embassy through INS. After 2-3 months we got the reply that I can come for Bombay embassy and they have received all papers. I went to Bombay. This whole thing took almost 9 months. I was getting payed. That could have been the another problem. Company just kept on paying me ( Attorney said that is not a problem ). During those 9 months, I was counting each day like hell. I had no hope that I will come back to USA again . I went to Bombay and what a surprise. Without any problem I was approved. No interview at all !!!!! I had taken a pile of papers with me.
There years passed happily. I applied for renewal. Again same old story. I got the approval but ......... On the renewal the start date was 1 JAN 2002 instead of 1 JAN 2001. First I thought it was a data entry or printing error. I talked to attorney. She said she already noticed that but I know she did not. She applied for correction and said don\'t worry. It is mistake. On the approval notice it was mentioned that " at this time you are out of status". Actually it was a punishment I guess. 1 year deportation. We kept on applying for correction for 3-4 months to INS. They never replied. I talked to IIO once but he denied to tell any thing and said he can only talk to attorney. Attorney was not able to get that line. That\'s what she said. Finally one day she did talk to INS. and the shocking news was that they were not ready to accept their mistake. I was not out of status at that time of renewal.. INS said they will take negative action soon. So my attorney talked to me and the company and said that before we get the INS negative action notice, we have to go to court.
So within 24 hours we sued INS. The matter went to court. Surprisingly. they never responded in court. May be they realized their mistake. The court waited for 2 months after non response from that party, they were asked to provided the new approval notice. I got that within 2 weeks. Second story over.
In the mean time I was processing my GC. In 140 I was doubtful because I never submitted the experience letter from the earlier company. Still I don\'t have one as I absconded. But that was approved. In 485 we stuck up for 4 months to get the EAD. First I got it but for my wife I just I got RFE for photos. Those stupid guys damaged them. So after almost 5 months I got EAD which generally takes less than 2 months.
I was expecting all kinds of RFEs in my case. But I don\'t know how I sh