Ginnu....Please Comment on my situation...

C

cheermeup

Registered Users (C)
SORRY I AM ADDING THIS AGAIN...I DIDNT GET ANY REPLIES OR COMMENTS. I WENT THROUGH MOST OF THE THREADS AND DIDNT FIND ANY SITUATION LIKE MINE....SO PLEASE LET ME KNOW IF I MAY EXPECT ANY PROBLEMS FROM USCIS DURING I-485 PROCESSING.


He is my detailed situation.

I worked for company A starting from January 2000 - September 2003.
Company Filed for my Labor Certification in May 2002 in Connecticut.
I was let go by the company as company A was bought over by Company B.
I started working for Company C as a consultant from September 2003 - till Date. (Much lower salary then original labor...u know how they take advantage of you if you are in trouble..desi company)
I actually do consulting work for Comapny D.

Labor from company A got approved sometime after I was let go. Lawyer called me to tell me that it was approved. Immediately I spoke to the new company owners asking whether they will be interested in continuing my Immigration process. They immediately said YES with the condition that I pay for all the expenses. I agreed.

So,
- I-140 and I-485 concurrently filed on december 29th 2004
- Notice Date January 10th 2005
- Fingerprinting for me was done on April 27th 2005
- Received RFE about company A and B Tax documents
and My Pay stubs on May 25th
- I-140 was approved on June 14th
- Received RFE about my medical on June 16th
- Replied to RFE on June 28th
- Status changed to preliminary processing complete
- Fingerprinting for my wife was done on July 6th.
- Fingerprinting results for my wife received on JUly 13th.

My concern is whether my case is capable of getting approved. I am worried because company A may not hire me again even though they said they will. I don't have any offer letter from them. But the consulting client D is ready to hire me full time once my 485 gets approved.

Please advise.....I am having sleepless nights for last 2-3 weeks due to this. Also December 2005 is my deadline of 6 years. Any help in this regard will be much much appreciated.

Please advise as to what RFE I can expect to get in this situation.

Thanks a lot
Regards
 
I am not sure whether you'll get approved or not. It seems that your case is rather "messy".
I wouldn't worry too much as you can't do anything anyway but wait for the resolution. However, you should apply for the H1B extension.
 
cheermeup said:
SORRY I AM ADDING THIS AGAIN...I DIDNT GET ANY REPLIES OR COMMENTS. I WENT THROUGH MOST OF THE THREADS AND DIDNT FIND ANY SITUATION LIKE MINE....SO PLEASE LET ME KNOW IF I MAY EXPECT ANY PROBLEMS FROM USCIS DURING I-485 PROCESSING.


He is my detailed situation.

I worked for company A starting from January 2000 - September 2003.
Company Filed for my Labor Certification in May 2002 in Connecticut.
I was let go by the company as company A was bought over by Company B.
I started working for Company C as a consultant from September 2003 - till Date. (Much lower salary then original labor...u know how they take advantage of you if you are in trouble..desi company)
I actually do consulting work for Comapny D.

Labor from company A got approved sometime after I was let go. Lawyer called me to tell me that it was approved. Immediately I spoke to the new company owners asking whether they will be interested in continuing my Immigration process. They immediately said YES with the condition that I pay for all the expenses. I agreed.

So,
- I-140 and I-485 concurrently filed on december 29th 2004
---------------------------------------- it seems based on approved LC company A filed I-140 for you and you filed I-485
- Notice Date January 10th 2005
- Fingerprinting for me was done on April 27th 2005
- Received RFE about company A and B Tax documents
------------------------------ they wanted to check ability to pay
and My Pay stubs on May 25th
- I-140 was approved on June 14th
- Received RFE about my medical on June 16th

--------------------------------- it seems you did not send medicals with I-485
- Replied to RFE on June 28th
- Status changed to preliminary processing complete
- Fingerprinting for my wife was done on July 6th.
- Fingerprinting results for my wife received on JUly 13th.

My concern is whether my case is capable of getting approved.
I am worried because company A may not hire me again even though they said they will.
I don't have any offer letter from them.

But the consulting client D is ready to hire me full time once my 485 gets approved.
------------------------------- If I am in your situation I will join D now and send D permanent job offer letter and will invoke AC21. if at present you are with C on H1 then file H1 trasfer through D and join D I dont see problem for D to do H1 trasfer as you are consulting with them, D have to pay C and then C pays you, why not to join D?? if C is ready to give you permanent job offer letter you can also send that. you have to decide it
Please advise.....I am having sleepless nights for last 2-3 weeks due to this. Also December 2005 is my deadline of 6 years.
--------------- you can file 7th year H1 six months advance or any day before I-94 expiry date based on pending I-485
Any help in this regard will be much much appreciated.

Please advise as to what RFE I can expect to get in this situation.
**** you may not get RFE or can get RFE for future parmanent job offer letter with same/similar job duties.
*** if you think A does not have permanent job for your after I-485 approval better use AC21 and send employer C or D job offer letter and invoke AC21

** try to get the copy of approved LC particularly form ETA750A it has your job duties in item 13. and keep the I-485 filing reciept
* even if you are on H1 status file EAD and AP it is better to keep valid EAD (you dont need lawyer to file EAD or AP you can directly file)

Regards
Click to expand...
 
Ginnu couple more Questions....

---------------------------------------- it seems based on approved LC company A filed I-140 for you and you filed I-485

Company B filed for I-140 and I filed I-485. Both were filed by my lawyer.

*** if you think A does not have permanent job for your after I-485 approval better use AC21 and send employer C or D job offer letter and invoke AC21

I did not send any AC21 letter yet. My lawyer has advised me to stay with current company C till further directions from him. Can I still just send Offer letter from Company C or D. Do I need to send any AC21 letter with it? Thing is I am not very aware of this AC21 stuff. Can you explain to me what exactly do I need to when you say "use AC21 and send employer C or D job offer letter and invoke AC21"

* even if you are on H1 status file EAD and AP it is better to keep valid EAD (you dont need lawyer to file EAD or AP you can directly file)

So what I am understanding is getting EAD does not put me out of status if I don't use it and 485 gets rejected. Same is true for AP?

Thanks a lot ginnu. Your reply made me a little bit optimistic.
 
cheermeup said:
---------------------------------------- it seems based on approved LC company A filed I-140 for you and you filed I-485

Company B filed for I-140 and I filed I-485. Both were filed by my lawyer.

*** if you think A does not have permanent job for your after I-485 approval better use AC21 and send employer C or D job offer letter and invoke AC21

I did not send any AC21 letter yet. My lawyer has advised me to stay with current company C till further directions from him. Can I still just send Offer letter from Company C or D. Do I need to send any AC21 letter with it? Thing is I am not very aware of this AC21 stuff. Can you explain to me what exactly do I need to when you say "use AC21 and send employer C or D job offer letter and invoke AC21"

* even if you are on H1 status file EAD and AP it is better to keep valid EAD (you dont need lawyer to file EAD or AP you can directly file)

So what I am understanding is getting EAD does not put me out of status if I don't use it and 485 gets rejected. Same is true for AP?

Thanks a lot ginnu. Your reply made me a little bit optimistic.
Click to expand...

You posted above that LC for you was approved through A, did the B also got LC approved for you or filed I-140 with LC substitution. You need to be clear when post info


You have your lawyer find out what is AC21 or read about AC21. To invoke AC21 you need permanent job offer letter from C or D with same similar job duties. To invoke AC21 you need to send cover letter to request for AC21+ employer letter for permanent job offer with same/similar job duties+ I-485 filing receipt copy. One needs to send it to service center where I-485 is pending. You have your lawyer for more info discuss with him

Having EAD or AP does not put you out of status.
 
-----------You posted above that LC for you was approved through A, did the B also got LC approved for you or filed I-140 with LC substitution. You need to be clear when post info

Yes My LC was filed by A and was approved after company A was bought over by company B. Company B then filed I-140 using this LC.

I spoke wityh my lawyer this morning and he said my case should get approval in october or so. I have another GC application from company C going on so he said I have nothing to lose except time.

Thanks for all your time in providing me some peace of mind. I really appreciate your comments Ginnu..

Thanks
 
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