I-485 will be denied if you continue with same employer....

clear485,
The subject of your post completly misleading and silly.

However, this document raises very troubling issues.
485 was denied because:
- applicant never worked at the location for which I-140 was approved
- questions concerning employment history: G-325 does not match work experience claimed in I-140 application, W-2
- candidate may have violated provisons of his H1/LCA
- CIS has checked for applicant's status since arrival in 1998
- AC21 rule can't be applied for change (re-location) of job within the company
 
armie said:
clear485,
The subject of your post completly misleading and silly.

However, this document raises very troubling issues.
485 was denied because:
- applicant never worked at the location for which I-140 was approved
- questions concerning employment history: G-325 does not match work experience claimed in I-140 application, W-2
- candidate may have violated provisons of his H1/LCA
- CIS has checked for applicant's status since arrival in 1998
- AC21 rule can't be applied for change (re-location) of job within the company
Click to expand...

Not only that, the very reason for denial:,
the beneficiary/employer failed to prove that
1. the employer intends to offer the Waltham, MA position for GC position ("future job position")
2. beneficiary intends to work at the Waltham, MA position (in future)
Basically the position at Waltham, MA is not available anymore. Hence, "future employment position" does not exist.
 
armie said:
- AC21 rule can't be applied for change (re-location) of job within the company
Click to expand...

I think this notice state just opposite. Section 106(c) AC21 should be for when location changes (with same employer) - or in fact the person is promoted in same location in "similar occupational field".
 
It seems like the AAO overturned the decision made by the CIS to deny and accepted the argument that this is valid use of AC21 (On page 5, clearly states that ac21 can be applied even in this case). Only problem was that the applicant may not have maintained valid H1B/LCA status during his stay in the US, so he/she needed to present more eveidence to show that they maintained valid status.
 
bharad1 said:
Only problem was that the applicant may not have maintained valid H1B/LCA status during his stay in the US, so he/she needed to present more eveidence to show that they maintained valid status.
Click to expand...

Absolutely, but with an LC that was approved on June 1st, 2001 there's an extremely good chance that the alien can simply claim 245i benefits, pay the $1000 and go on his merry way, GC in hand.
 
bharad1 said:
Only problem was that the applicant may not have maintained valid H1B/LCA status during his stay in the US, so he/she needed to present more eveidence to show that they maintained valid status.
Click to expand...

I agree, this is the only real problem this guy has. But from here I see two issues with respect to status violation:

1. Change of work location may invalidate H1B, even within same company! That's because the LCA for H1B has specific work location, right? How about TN, I've worked at two different locations for the same company on the same TN stamp, without updating CIS on location change. Could this be a problem? TheRealCanadian, can you please comment?

2. I heard that if people on H1B/TN get laid off, in principle there's no grace period, but in practice, CIS may forgive you if you can find next job in couple of months. Is this true? Had anyone experienced any problem for I-485 due to this brief "out-of-status" period between jobs?
 
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twiter11 said:
II've worked at two different locations for the same company on the same TN stamp, without updating CIS on location change. Could this be a problem?
Click to expand...

One significant advantage of the TN over the H-1B is that no LCA is required, and the TN is not location specific. You can work anywhere in the US without amending a petition.

I heard that if people on H1B/TN get laid off, in principle there's no grace period, but in practice, CIS may forgive you if you can find next job in couple of months.
Click to expand...

SOP in an H/L/TN layoff is to spend $110 and file an I-539 requesting a change of status to B-2 for six months immediately. This will keep you in status and give you time to either wind up your affairs or find a new job.

Had anyone experienced any problem for I-485 due to this brief "out-of-status" period between jobs?
Click to expand...

A brief out of status period should not affect an I-485 filing, since 245k allows you to be out of status for 180 days before the I-485 filing with no issues at all.
 
TheRealCanadian,

Thanks for giving me the immediate relief, I was a bit scared after reading the case, as I wasn't aware of the location specific issue at all until just now, either for H1B or TN. I googled and can confirm that location change is not an issue for TN.

Now I'm on H1B and the entire company is going to relocate in serveral months, gotta check with the lawyer asap. This case is really revealing and informative. Worth careful study.

Still hasn't found any detailed info on 245K. Any pointers?

Thanks so much!
 
pralay said:
Not only that, the very reason for denial:,
the beneficiary/employer failed to prove that
1. the employer intends to offer the Waltham, MA position for GC position ("future job position")
2. beneficiary intends to work at the Waltham, MA position (in future)
Basically the position at Waltham, MA is not available anymore. Hence, "future employment position" does not exist.
Click to expand...
He still has a future job offer.
Page 5 para 3 says that the company has offered the same job with location changed from Waltham, MA to "various locations throughout US"
 
This whole case is convoluted. He didn't manage to keep it straight in terms of records with CIS. Also, there's nothing about the interview, we don't know much about it - he may have very well screwed up there which triggered the whole thing, or maybe his records were suspicious in a first place and that's why his case got transferred to local office. Mostly I believe that the H1 visa problem revealed a possible problem that caught the CIS attention.

So much for hiding the petitioner's name - NetGury Inc appeared several times. Maybe someone is familiar with the company and could elaborate?
 
armie said:
He still has a future job offer.
Page 5 para 3 says that the company has offered the same job with location changed from Waltham, MA to "various locations throughout US"
Click to expand...

That's the point. In LC, I-140 the company mentioned Waltham as job location. But Waltham position does not exist anymore. So, later they changed the job location as "various locations thruout US". The argument from USCIS district office was that if Waltham position does not exists anymore, the GC is toast. But Netguru's attorney's argument was AC21 can be applied when job location changes, even though the employer is same. That's where AC21 comes into picture.
 
npnjan02 said:
So much for hiding the petitioner's name - NetGury Inc appeared several times. Maybe someone is familiar with the company and could elaborate?
Click to expand...

It's a bobyshopping consulting company - like many other companies those sprang in late 90's as result of tech boom and Y2K issue. As far I remember it was east coast (NJ) based consulting company. They used to get tons of H1 guys from India (mainly from Calcutta) and place all over USA (especially all the Wall Street companies).
 
The Topic should be :

I-485 will be denied if you move to another location from where your LCA is applied.
 
picasso said:
The Topic should be :

I-485 will be denied if you move to another location from where your LCA is applied.
Click to expand...


More than that, the District Director of USCIS basically picked on this poor guy about his H1B (LCA) violation to say that he is not in status. However, as many mentioned above, the guy could have invoked 245i and filed for life act or something like that to get 485 approved. Nothing USCIS district director can do after that...
 
The 245(i) was only available for 4 months I believe. If he didn't fall into that time frame, then he'd have no chance.

I personally think that this person was little negligent in his paperwork. How did the different address appear? Sure it's fine to be a consultant and work all over the country, but you do have one company address.

I also think there's something that we don't know about. A colleague of mine got approved where his department moved it's headquarter address, in which case his H1 had one address and the GC another, but still same employer. I can't say which address the LCA had.
 
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TheRealCanadian said:
One significant advantage of the TN over the H-1B is that no LCA is required, and the TN is not location specific. You can work anywhere in the US without amending a petition.
Click to expand...

That's true, but if you change companies you still need a new TN.
 
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