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Guys, I'm screwed big time!!!
- Thread starter freaked
- Start date
patienceGC
Registered Users (C)
find a new job soon
I am not sure if they can withdraw your application.
what a phucked up company!
Also call your lawyer tell him you will pay him yourself to continue the processing! Call IIOs and sak why its being delayed.
act fast
I am not sure if they can withdraw your application.
what a phucked up company!
Also call your lawyer tell him you will pay him yourself to continue the processing! Call IIOs and sak why its being delayed.
act fast
Don't worry. This is the time you need to be strong.
I read on 'murthy.com' that a company cannot withdraw I-140 after 180 days after filing I-485. Infact, on 'murthy.com' there is a case where I-140 was withdrawn by the sponsoring company, but still the case got approved based on the new employer. So, you need a good lawyer (perhaps you can consider Ms Murthy herself).
I read on 'murthy.com' that a company cannot withdraw I-140 after 180 days after filing I-485. Infact, on 'murthy.com' there is a case where I-140 was withdrawn by the sponsoring company, but still the case got approved based on the new employer. So, you need a good lawyer (perhaps you can consider Ms Murthy herself).
be calm, update and start floating your resume
sorry to hear the news.
first thing is to keep calm and collected. if you get nervous the negative energy will take over.
next, sit down right now and update your resume. I have seen people taking up to few weeks to finalize their resumes. update it now and start floating.
as far as revoking is concerned, i agree with what others are saying. i don't think your employer can revoke your 485 or 140. they can send a notice to INS that you are laid off. but that would most likely result in a RFE.
when you look for a job remember to get a similar job description and salary range...
good luck my friend.
sorry to hear the news.
first thing is to keep calm and collected. if you get nervous the negative energy will take over.
next, sit down right now and update your resume. I have seen people taking up to few weeks to finalize their resumes. update it now and start floating.
as far as revoking is concerned, i agree with what others are saying. i don't think your employer can revoke your 485 or 140. they can send a notice to INS that you are laid off. but that would most likely result in a RFE.
when you look for a job remember to get a similar job description and salary range...
good luck my friend.
GC_JULY_2001
Registered Users (C)
Be calm..
Hi,
Sorry to hear about your case. Just as some people have mentioned here before, BE CALM and COLLECTED. You have not lost anything. You should just do a few things promptly before your original employer decides to ACT.
1. IF you are on a H-1 and do not have EAD, apply for one right away.
2. Apply for AP if you do not have one.
3. Before your employer lays you off, get the letter of Employment that your company sent to INS along with your I-485 petition.
4. If you DO NOT have a copy of the I-140 approved petition, get a copy of it from your employer right now.
5. Your I-485 receipt should be with you.
Now, get into the ACT.
IF you have any friend who has a company, ask him to take you on his payroll and just issue a Letter confirming your employment. Whether he employs you or not is an entirely different matter. That can be sorted later on.
Hire Sheela Murthy and inform INS with all these documents that you are invoking AC21 to join a new employer.
All this needs to be done before your employer's withdrawl letter reaches INS.
That will prevent your case from getting further complicated.
Good luck to you. You have just some more distance to go.
Don't give up.
Hi,
Sorry to hear about your case. Just as some people have mentioned here before, BE CALM and COLLECTED. You have not lost anything. You should just do a few things promptly before your original employer decides to ACT.
1. IF you are on a H-1 and do not have EAD, apply for one right away.
2. Apply for AP if you do not have one.
3. Before your employer lays you off, get the letter of Employment that your company sent to INS along with your I-485 petition.
4. If you DO NOT have a copy of the I-140 approved petition, get a copy of it from your employer right now.
5. Your I-485 receipt should be with you.
Now, get into the ACT.
IF you have any friend who has a company, ask him to take you on his payroll and just issue a Letter confirming your employment. Whether he employs you or not is an entirely different matter. That can be sorted later on.
Hire Sheela Murthy and inform INS with all these documents that you are invoking AC21 to join a new employer.
All this needs to be done before your employer's withdrawl letter reaches INS.
That will prevent your case from getting further complicated.
Good luck to you. You have just some more distance to go.
Don't give up.
freaked
Relax. No one can do any harm to your GC processing at this stage. After 180 days your employer cannot revoke your 140 petition and cancel your GC, this is not possible.
Hire a very good lawyer and file your AC21. But before you do that, u need to find a new job. I know it is well said than done but there is no other option left for you.
Why I am saying, bcoz I have changed my job at 12 month of my 485 and also changed my lawyer to file AC21, so atleast I can be at peace for my GC.
Good luck buddy.
Relax. No one can do any harm to your GC processing at this stage. After 180 days your employer cannot revoke your 140 petition and cancel your GC, this is not possible.
Hire a very good lawyer and file your AC21. But before you do that, u need to find a new job. I know it is well said than done but there is no other option left for you.
Why I am saying, bcoz I have changed my job at 12 month of my 485 and also changed my lawyer to file AC21, so atleast I can be at peace for my GC.
Good luck buddy.
BabaPrasad
Registered Users (C)
Did u ever try to call IIO and see why ur case is delayed so much ?
thanks
thank you all for your help. I guess there was a misunderstanding. THe letter they gave me indicated that they are withdrawing my H-1B labor petition. I guess they were not aware that they had applied for green card for me. I told them I'm on EAD now and H1-b is expired. They said they still need to notify INS of my termination.
One question, is AC21 a different filing? do I need to do it now? or when I find a new job? or can I just wait maybe they will approve without asking question?
My case has been pending for 16 months now (RD 7/18/01).
No RFE and no word from INS other than "the application is waiting an answer from another INS office). I've been given this mysterious answer for months now. I feel something bad is going to happen so I'm bracing for it.
thank you all for your help. I guess there was a misunderstanding. THe letter they gave me indicated that they are withdrawing my H-1B labor petition. I guess they were not aware that they had applied for green card for me. I told them I'm on EAD now and H1-b is expired. They said they still need to notify INS of my termination.
One question, is AC21 a different filing? do I need to do it now? or when I find a new job? or can I just wait maybe they will approve without asking question?
My case has been pending for 16 months now (RD 7/18/01).
No RFE and no word from INS other than "the application is waiting an answer from another INS office). I've been given this mysterious answer for months now. I feel something bad is going to happen so I'm bracing for it.
GC_JULY_2001
Registered Users (C)
Hi Freaked...
Hi,
Even if your company informs INS that they are terminating you, that will be a cause for concern and a definite RFE from INS for a Employment letter.
So, take preventive action right now and prevent your case from getting complicated.
1. Before your employer lays you off, get the letter of Employment that your company sent to INS along with your I-485 petition.
2. If you DO NOT have a copy of the I-140 approved petition, get a copy of it from your employer right now.
3. Your I-485 receipt should be with you.
Now, get into the ACT.
IF you have any friend who has a company, ask him to take you on his payroll and just issue a Letter confirming your employment. Whether he employs you or not is an entirely different matter. That can be sorted later on.
Hire Sheela Murthy and inform INS with all these documents that you are invoking AC21 to join a new employer.
Good luck
Hi,
Even if your company informs INS that they are terminating you, that will be a cause for concern and a definite RFE from INS for a Employment letter.
So, take preventive action right now and prevent your case from getting complicated.
1. Before your employer lays you off, get the letter of Employment that your company sent to INS along with your I-485 petition.
2. If you DO NOT have a copy of the I-140 approved petition, get a copy of it from your employer right now.
3. Your I-485 receipt should be with you.
Now, get into the ACT.
IF you have any friend who has a company, ask him to take you on his payroll and just issue a Letter confirming your employment. Whether he employs you or not is an entirely different matter. That can be sorted later on.
Hire Sheela Murthy and inform INS with all these documents that you are invoking AC21 to join a new employer.
Good luck
In addition to what GC_JULY_2001 said ...
GC_JULY_2001 said it all , but I just have to add one more thing to the have to list.
Get a copy of Your Labor Certification which your office got approved and also details like what JOB DESCRIPTION and SALARY details they mentioned in it. This is VERY IMPORTANT for AC21 letter which your lawyer needs to write.
Also you don't have to submit AC21 related letter now, but you can wait till INS specifically asks for that else you are fine.
GC_JULY_2001 said it all , but I just have to add one more thing to the have to list.
Get a copy of Your Labor Certification which your office got approved and also details like what JOB DESCRIPTION and SALARY details they mentioned in it. This is VERY IMPORTANT for AC21 letter which your lawyer needs to write.
Also you don't have to submit AC21 related letter now, but you can wait till INS specifically asks for that else you are fine.
MOH NOV 2001
Registered Users (C)
New Company
Very good ideas....
I was always wondering if the new company should be in the same State you got your Labor certification?.... If not that may widen your search fo a new company... Can someone help?
Good luck
Moh
Very good ideas....
I was always wondering if the new company should be in the same State you got your Labor certification?.... If not that may widen your search fo a new company... Can someone help?
Good luck
Moh
GC_JULY_2001
Registered Users (C)
A few thoughts...
MOH NOV 2001 -- You can find a job in any state. AC21 has no restriction on the place to work.
Good luck..
MOH NOV 2001 -- You can find a job in any state. AC21 has no restriction on the place to work.
Good luck..
update
I finally have an idea why my case is stuck. Apparently I worked on my practical training card back in 1996. Because of that, I have two A numbers. It seems the system is showing that I have 2 A numbers and they need to get the old file and look at it before completing my case. Any idea if someone was in the same position? worked on a practical training card after college, then got H1-B then I-485? Does it always get delayed like that?
RD: 7/18/01
FP: 12/11/01
FP rcvd 1/14/02
no word from INS yet.
I finally have an idea why my case is stuck. Apparently I worked on my practical training card back in 1996. Because of that, I have two A numbers. It seems the system is showing that I have 2 A numbers and they need to get the old file and look at it before completing my case. Any idea if someone was in the same position? worked on a practical training card after college, then got H1-B then I-485? Does it always get delayed like that?
RD: 7/18/01
FP: 12/11/01
FP rcvd 1/14/02
no word from INS yet.
Re: update
No. I do not think this is the reason. Anyone who went through F1-H1-GC will have at least two A numbers. They are plenty of them and I am one example.
Good luck.
No. I do not think this is the reason. Anyone who went through F1-H1-GC will have at least two A numbers. They are plenty of them and I am one example.
Good luck.
Originally posted by freaked
I finally have an idea why my case is stuck. Apparently I worked on my practical training card back in 1996. Because of that, I have two A numbers. It seems the system is showing that I have 2 A numbers and they need to get the old file and look at it before completing my case. Any idea if someone was in the same position? worked on a practical training card after college, then got H1-B then I-485? Does it always get delayed like that?
RD: 7/18/01
FP: 12/11/01
FP rcvd 1/14/02
no word from INS yet.
Not to my knowledge, Freaked ...
I worked on practical training for a few months, then attended school using I-20 for a few months. Few months after that I obtained an H-1B visa and continued my work. At the time of filing the 485 petition, I didn't have even the I-20s but got a letter from the registrar that I was a student at the university for the said period. Probably, this didn't make a difference in my case because INS needs only 6 years (some one correct me if I'm wrong) worth of records at the time of 485 filing. And, the events for which I didn't have records preceded the 6 yr. period by a matter of months. None of these were questioned by VSC while approving.
A more straight-forward case would be that of my wife's. Her case is very similar to yours. Out of school, she worked on practical training for almost a year, then got her H-1B and subsequently her GC, though as a derivative beneficiary of my case.
Don't know if this helped or only fueled your worries further.
Good luck!
-Palaniappan Rajaram
I worked on practical training for a few months, then attended school using I-20 for a few months. Few months after that I obtained an H-1B visa and continued my work. At the time of filing the 485 petition, I didn't have even the I-20s but got a letter from the registrar that I was a student at the university for the said period. Probably, this didn't make a difference in my case because INS needs only 6 years (some one correct me if I'm wrong) worth of records at the time of 485 filing. And, the events for which I didn't have records preceded the 6 yr. period by a matter of months. None of these were questioned by VSC while approving.
A more straight-forward case would be that of my wife's. Her case is very similar to yours. Out of school, she worked on practical training for almost a year, then got her H-1B and subsequently her GC, though as a derivative beneficiary of my case.
Don't know if this helped or only fueled your worries further.
Good luck!
-Palaniappan Rajaram