Guys , Badly Need your Assistance !!!!!

L

la_cool

Registered Users (C)
I ve been working for a DESI Company which was doing good in
those golden days ( 1998-2000) , currently Company is really going thru bad phase .
Not paying on time , lot of other issues with these company.

I ve applied - 485 on Nov 2001 ,got my second EAD renewal,
its more than 16 months as of today after filing for 485.

Actually I wanted to quit the company since Im tired and frustrated with these DESI company.

Im going thru this bad phase for more than 6 mths, And Ive been thinking I ll get my approval today or tomorrow , But I dont think any case is getting aproved with the current global situation.

Need to ask few things before quitting .

1) If I join directly to the vendor , Can the original DESI company cancel my 485.

2) Hopefully my project will be there for another 6 months , but god forbid if something happens in between and my project gets over and during the same time I receive an RFE, what I m supposed to do, b'cos Vendor will pay only when im in a project, but once im out of project my payroll stops the next day.

3) Last option is joining another DeSI company who is actually a friend of mine and mantain the same relationship with the vendor and bill it thru freinds company i.e. REPLACE original DESI company with my FRIENDS company ..


Please guys need your help regarding this ,

Shed some thoughts about this issue .
 
you cannot live your lifewith that fear all the time. Its useless
If luck is where you will get a RFE, you will get it regardless. So, its a decision you have to take. Your employer cannot cancel your 485 at this stage. You can go with your vendor, if you get a RFE, you probably will get 90 days to responde. If you think you can go with your freind, who will continue your payroll, even if you lose the project,,, then go for that. Bottomline, you have multiple options and none of them are the risky. Many and I repeat, MANY get their approvals without any RFE even when they were out of jobs, changed jobs, etc.
 
1) You own the I-485 process - nobody other than you can cancel it.
2) You can switch jobs 6 months after filing your I-485 under AC21
3) Changing jobs by itself does not necessarily draw more scrutiny from the INS - anyone can get an RFE anytime
 
485 cancellation

Guys

I am just curious r u positive that no body cancel 485 what if the employer cancels your 140 ??
does it affecr your GC
 
Re: 485 cancellation

Originally posted by pperugu
Guys

I am just curious r u positive that no body cancel 485 what if the employer cancels your 140 ??
does it affecr your GC
Click to expand...

This is exisiting law that nobody can withdraw ur I-140 after 6 months of the 485 application so dont worry buddy, ur on safe hands.
 
Originally posted by waytoolong
1) You own the I-485 process - nobody other than you can cancel it.
2) You can switch jobs 6 months after filing your I-485 under AC21
3) Changing jobs by itself does not necessarily draw more scrutiny from the INS - anyone can get an RFE anytime
Click to expand...


WOW .... such a good response .. waytoolong ..::))

what about switching job to a diff job roll OR diff salary ?
 
la_cool.....

After reading your remarks I am wonder may be you are talking about the same employer I abecame victim of. My I485 is also pending since past 18 months no RFE no response. I not only left the sponsor employer (desi) but I also filed complaint to DOL, NJ to investigate the case. My desi employer is in deep shit now. DOL said I will get all my pending salary and this desi employer may get 18% fine or some prison time due to the fact this is his second felony. What an ass****
 
Thanks Sam99
If thats the case then as u said I am in safe hands .
My case is almost the same and I might have to join client ..
This thread was very useful to me .
Thanks every one
 
Originally posted by Cheekoo
WOW .... such a good response .. waytoolong ..::))

what about switching job to a diff job roll OR diff salary ?
Click to expand...
... Under the implicit assumption that software engineers do not pursue new careers as pizza delivery boys after filing I-485.
 
Thanks Guys

Thanks once again to Sam99, waytoolong , sunny for your assistance .


Just last one thing to confirm , Do I need to inform INS regarding this about employer change ???
 
Re: Thanks Guys

Originally posted by la_cool
Thanks once again to Sam99, waytoolong , sunny for your assistance .


Just last one thing to confirm , Do I need to inform INS regarding this about employer change ???
Click to expand...

Like pperugu said - it is not required. Go with your lawyer's advise. My guess is, it depends on your situation. There are many examples of both cases in this forum. Folks who had been laid off and have gaps in employment will probably not inform INS and prefer to wait and see. On the other hand, if you are following the strictest interpretation of AC21 to the letter, then your lawyer might think that you stand to gain by informing the INS and would avoid and RFE.
 
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Thanx again

Originally posted by waytoolong
... Under the implicit assumption that software engineers do not pursue new careers as pizza delivery boys after filing I-485.
Click to expand...
I appreciate your response .. but I have learnt through this forum that the salary in new job must not be less then this one .. and in case of RFE one needs to get a letter from employer containing " same " job role.
 
Friends,

I am also a victim of a desi company in NJ.

Will you pl. inform me how do I report DOL and other agencies? What can be done? Appriciate your advice.

Thanks
 
Re: Thanx again

Originally posted by Cheekoo
I appreciate your response .. but I have learnt through this forum that the salary in new job must not be less then this one .. and in case of RFE one needs to get a letter from employer containing " same " job role.
Click to expand...

This question is difficult to answer because it is subject to interpretation (by you, your lawyer and INS/BCIS). AC21 states that the new job should be "same or similar" to the job for which the I-140 was approved. They use standard DOL databases to check job descriptions. If your lawyer provides AC21 documents to the INS, s/he will prove a cover letter stating why you case (with the new job) qualifies under AC21. As far as salaries are concerned, if the job is same/similar then the salary should be similar too. Obviously in 3 years there will be changes but as long as your lawyer feels comfortable that the INS will be okay with it .... it is all pretty subjective.
Software project manager ($100K on LC) --> bank Cashier ($35K) will definitely not work
DBA ($90K LC) --> FX Trader on Wall Street ($500K) -- foggetaboutit !!!
Data Analyst ($60K LC) --> Business Analyst (75K)
or
SAS Analyst ($60K LC) --> Statistician ($75K) should be okay

Also Statistician ($75K LC) --> SAS Analyst ($60K) is probably okay given the market conditions. From my experience the job roles for Statisticians and SAS Analyst are very similar (or can easily be showed to be similar).

My understanding is that as long as you are paid "prevailing market wages" in a "same or similar" job as your LC, then you should be okay.

There has to be a letter from the employer that outlines the job title, salary, responsibilities and prospect of continued employment. They have to be "same or similar" to LC - not necessarily exactly the same. If you are employed in exactly the same job title, salary and role as in your LC - then fantastic. In any case, since the language becomes important , it is crucial to get a lawyer to file the paperwork for AC21s.

.. just my $.02 , best to ask a lawyer.
 
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