Help needed reg LC....

S

sivi2006

Registered Users (C)
Hi,

My husband's employer started the GC process in Nov 2003 and at that time he was in his 5th year of H1-B.At the end of the 6th year we got the shocking news from the employer that our 7th year extension has been denied and so we did'nt have any choice other than returning to our Home country in Nov 2004.Here(India) he joined an reputed It company and has been working for the past one year.Last month he got an E-mail from the Attorney that,he received the 45 days letter from PBEC and needed some info to reply back..in this situation i wanted to know
1) Is there possibility of getting the LC approved?

2)What is the possibility of getting back to USA, with out quitting the new company which has the head office in USA i.e,can the case be transfered to the name of new company?

3)In case if the LC is approved what is the next step we have to do?
I have some of the case details:
PD:RIR: 12/09/2003
45 days letter recd: Apr 2006
45 days letter replied: Apr 2006
state:NJ

Any of you please help and guide ....
Thanks and regards
 
I am not 100% sure,but when the LC comes thru, the company who filed your labor shouldgo ahead and file the 140 and opt for consular processing and when your visa dates become current, go to Chennai/wherever applicable consulate for the GCard.

Best advice pay some $$ and talk to Murthy.
 
(1). As GreenCard is for the future job, I dont see why not if there is any issue for you to get it. I am sure that your labor will be approved, just on right time.

(2). Again, since the GreenCard is for your future job, and the company that filed your labor, if they are willing to take you back, there is no problem at all.

(3). Once your case get approved, then your company has to file I-140 on your behalf. Once the visa date is current (check the visa bulletin for this), then the I-485 needs to be filed as well. Since you are back in India, you have to go for CP processing. Unless if the company wants you to back in H1B again, as you have spent 1 year outside the country which makes you eligible to apply for H1B again. If thats what they want to do, and if you are willing to come in H1B, then you can opt for the AOS processing. CP processing is faster in compare of AOS processing.

Its always better to consult with the attorney in this matter. I think there are few lawyers who provide you with wealth of information as many have offices there in India as well. I don't know any specific attorney in mind, but you can get them for the consultation.
 
I am also in same (almost) situation. My case is filed in March 2004 and I left company with my will and move to Canada on permanent resident card. As per my lawyer GC process can be continued since it is for future job. My lawyer got 45 days letter and going to reply next week.
 
thanks for the info

Thanks StresstestinUSA,Labordrags,NJ 03 2004 for providing me the info... is there any way to track the LC approval and with our PD approximately how long it will take for the approval? is there any receipt number for tracking?

thanks again,
sivi2006
 
Unfortunately, your lawyer is the only GOD who can give you the bit info about your labor. He is too helpless in drilling the fact of WHEN your labor gets approved. Upon approval, since he is the one who gets notified first, would make your day. There is no receipt number for tracking. Since the DOL failed to follow its FIFO policy, we have seen 2005 getting their labor approval leaving behind the old 2001 cases.

Its interesting to know as sometimes few people witnessed their 45 days letter and within a week saw their labor being approved. And for some unfortunatly unfortunates have not seen their labor being approved even after they replied their labor after a year. But sooner or later, it will get approved if everything is ok. I would request you to cross your fingers and pray for god, as GOD is the only one who can make it happen. I wish you good luck.
 
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