Going back to Previous employer for I-485

L

lagboyus

Registered Users (C)
Hi Guys,
Here is my case..
I had my labor certification (EB2) applied in Apr2002 and got approved around December 2002 and soon after, my I-140 was applied and got approved around Oct/Nov 2003 time frame(not sure of the exact dates). I had to leave the company for some reasons with a mutual consent of me and my ex-employer and moved over to new company and to a new place in Oct2003.

Here I started another labor certification around May 2004 with the new company which is still pending in chicago. I have left this company also in Oct 2004 and I am with a new company now. So I have had a total of two H1B transfers and I almost spent 5 years now on H1B and L1 together.
I still hold my ex-employer's Visa on my passport and haven't got any new stamps with the transfered H1Bs.

Now My ex-employer (Reputed company with around some 4000 consultants and huge success rate of GCs) who is doing very good in the skill set I am working on is interested in hiring me back again but I am intersted only if I can use my approved labor and I140 to contnue my green card processing.
He insists that we can continue GC processing by filing for a H1B transfer and an immediate filing of I1485 and EAD and he maintains that my labor is not used for any one else...
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My questions are,
Is it legal to continue the processing of GC with a such huge gap?
How long an approved labor and/or I140 is valid?
Is it good if I opt for consular processing with this kind of history?
How about use of PERM and try to make it quicker?
Is there any alternatives to this whole episode to have better ending of my woes?

I greatly appreciate your inputs on this

Thanks
lagboyus
 
lagboyus said:
Hi Guys,
Here is my case..
I had my labor certification (EB2) applied in Apr2002 and got approved around December 2002 and soon after, my I-140 was applied and got approved around Oct/Nov 2003 time frame(not sure of the exact dates). I had to leave the company for some reasons with a mutual consent of me and my ex-employer and moved over to new company and to a new place in Oct2003.

Here I started another labor certification around May 2004 with the new company which is still pending in chicago. I have left this company also in Oct 2004 and I am with a new company now. So I have had a total of two H1B transfers and I almost spent 5 years now on H1B and L1 together.
I still hold my ex-employer's Visa on my passport and haven't got any new stamps with the transfered H1Bs.

Now My ex-employer (Reputed company with around some 4000 consultants and huge success rate of GCs) who is doing very good in the skill set I am working on is interested in hiring me back again but I am intersted only if I can use my approved labor and I140 to contnue my green card processing.
He insists that we can continue GC processing by filing for a H1B transfer and an immediate filing of I1485 and EAD and he maintains that my labor is not used for any one else...
undefined

My questions are,
Is it legal to continue the processing of GC with a such huge gap?
How long an approved labor and/or I140 is valid?
Is it good if I opt for consular processing with this kind of history?
How about use of PERM and try to make it quicker?
Is there any alternatives to this whole episode to have better ending of my woes?

I greatly appreciate your inputs on this

Thanks
lagboyus
Click to expand...

Check out my case...might give you some insights to possibilities...

http://boards.immigrationportal.com/showthread.php?t=162535

Hope this helps.
 
Here is the latest twist in this. This guy from HR says that thier Immigration dept is saying that they can not file my I485 as it will look to Immigration dept that I am going back to them just for my I485. He is saying that I will have to wait for 6 months before they can file I485.
He talks about company's interests It looks like he has a doubt that I might leave them...
I tried convincing him mentioning about the possibility of retrogession for EB2, but of no use..

What is my best bet now.. I feel like both of us need each other, But I feel like he is trying to take advantage of the situation..
 
There is valid fear if you do decide to leave but to make the matters sweet you can offer to share the costs if it makes him happier. Most lawyers charge around $5K.
 
Rehire-Going back to previous employer for I-485

Here is the latest update on my case:

I went back to these guys with a project on hand. They make a profit of atleast 60000 in the next six months and they migth get few more projects because of the good will client has on me..

But they still say they can not file I-485 until 6 months from now. Here is how thier immigration dept says:

"The department attorney reviewed the case before the rehire authorization was approved. The six-month period is mandatory to conform to current immigration laws and compliance issues. If you have any questions you should address them to your recruiter, he is well aware of policy and requirement"


Do you guys think there is a genuine reason to wait for 6 months.
I am not sure what current immigration laws or compliance issues she was referring to..

Your thoughts and inputs on this matter are greatly appreciated..
 
:confused: Any clues on this quote from employer attorney..
"The department attorney reviewed the case before the rehire authorization was approved. The six-month period is mandatory to conform to current immigration laws and compliance issues. If you have any questions you should address them to your recruiter, he is well aware of policy and requirement"
I need to make a decision on this asap..
 
If they want you they can apply for I-485 even before joining that company. Ask attorney compliance with whom. It might be just employers policy.

Or
is attorney talking about AC-21 in his cryptic words? Usually these people will not mail any thing as you can catch them. Call and ask him he will explain better.
 
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