Got RFE and Company refuses to proceed with GC after filing I-485

S

Stephen D'Souza

Registered Users (C)
Hello fello immigrants, need help with some Info, my details are ID Apr 96
I-140 approved under company X Sept 26 1997, Company Y acquired company X in early 1998, Six years under H1b expired Aug 1998 so Company said I couldn\'t work until priority dates become current so comeback later, mean while started working as an independent consultant elsewhere.
In may 1999 when priority date became current, I approached company Y again and they said Nope can\'t hire you back. After a lot of pursuation the agreed to help me with I-485 stage. filed I-485 in July 1999 (RD July 12th 1999, ND Aug 3rd 1999), meanwhile working for another company Z.
Finger printing done in jun 2000. RE received for a I-140 Redo in November 2000. The company flatly refused to file I-140 saying they couldn\'t do it as they had no intentions of hiring me back.

Now the question is what options do I have. I am desperate and need help, any Input will be appreciated.

I do know about the bill 2045. but it is not clear whether it applies to every case of I-485 pending over 6 months or only the cases after the bill was signed.
 
God bless.

Steve.
 
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My suggestion is, (assuming you already have an EAD), join some other company who is willing to continue your GC and file I-140 in that company name (make sure they assign you the same designation and job description as labor certification). And when you get the receipt, you submit your RFE notice with the receipt of the new I-140 and explain to them your situation and that you have found a new job with the same description. But take the help of a lawyer. Your situation looks more sensitive than most of us. But don\'t worry, ask God for help. Wish you good luck.
 
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KiranHegde2, Thank you so much for your kind input, I am going to ask my lawyer if that is possible.

Thanks again.
Steve.
 
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Hi Kiran, my lawyer agreed that filing for a new I-140 with a different company is possible but said it is not a guarantee for approval.

Thanks.
Steve.
 
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The time new law came into effect and what happened to you seems to coinside. Wish you good luck. The GC is based on Labour unavailability for your qualification/experience and company ready to accept you. If those two conditions are there then you should be in pretty good shape. Make sure you choose an experienced/good lawyer which will make all the difference. INS are not that much unreasonable. My sincere prayers for you.
 
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My observation and experiance says that YOU SHOULD BE OKAY ONCE YOU\'VE COMPLETED 180 DAYS AFTER FILING I-485 as per the new law I also rmember some posting mentionig I485 approval and stamping in BALTIMORE after changing job using 180 day criteria. Worst scenario take it to the Immigration Judge with GOOD LAWYER to intrprete the new law in your favour ( Which is not difficult TRUST ME)

For you the priority should be getting a new job IN THE SAME FIELD and filing and ammendment IMMIDIETLY befor you EAD expiers.

Also seek an experts OPINOINS ( TWO HEADS ARE BETTER THEN ONE)

ACT ASAP and pray

JAI SHREE RAM
 
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Thanks a lot Ranjan and Hanuman,for you responses, atleast I do know that I still have options left, I am going to try my best on both the fronts.

Thanks.

Steve.
 
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