IGate/Mastech Amended I-140

G

Gawar Anpadh!!

Registered Users (C)
Hi all, I guess by now all of us in Igate family would have realized how our company is helping us out in getting our GC. This is what I understood from the message that was posted on April 10, 2001 in our EOW.

As all of us know, Mastech had the restructuring on March 7, 2000 and AC21
("American Competitiveness in the Twenty-First Century Act" ) was born on October 17,2000 that is 7 months and 10 days after the so-called restructuring took place.

1. As of March 7, 2000, there was no AC21 in picture!! What this means is,
the company should have filed for amended I-140 petitions (let\'s call it AI140) for all us who were in I-485 process or had our I-140 approved and waiting for PD to become current. Do you remember the teleconferences we had after the restructuring? Well, the company informed us that they had taken all the necessary steps to make sure our GC process and H1-Bs are intact. How did they do that? Oh yes, they said that they had sent a letter to INS mentioning about the restructuring and the
"successor-in-interest" clause. And as per them, INS said nothing was
required!!?? It is very clear now that they should have filed AI140 petitions immediately. The bottom-line here is, the company lied to us and absconded from its legal responsibilities??!!

2. Thanks to then Sen. Spencer Abraham and all of them who were involved in
the process, AC21 was born. For some reason, God knows what, INS has not been able to implement this so far. Of course, VSC is going to the extremes! Blaming it on Rio (sorry, this should be VSC), the company is filing the AI140s for those who have a pending I-485 application and their priority dates are "current". They thought, by not filing AI140 then, they can keep delaying our I485 process. Of course, they have been successful so far. And now they are taking some step that may delay our dreams further. It is high time, they should wake up and realize that they cannot keep sucking our blood for ever. The company has posted the message as if they are doing a big favor to us, whereas they should have apologized for wasting more than a valuable year from our permanent residency!!

I guess the company has difficulty understanding AC21. They do not know
this is something that is going to wipe them out!

After all these, let\'s be a bit optimistic! After April 17, 2001, we are free to change our jobs without any worries. And best of all, the company cannot WITHDRAW our I-485 applications.

As always, Keep smiling! We\'ll get there!!
 
No Title

Are you sure about what you have said in your post ?

"After all these, let\'s be a bit optimistic! After April 17, 2001, we are free to change our jobs without any worries. And best of all, the company cannot WITHDRAW our I-485 applications. "

Can we change jobs after April 17th ? I thought the INS didnt have a clear direction on this.

Raj
 
No Title

Our legal is either very incompetent (They did not realise amended I-140 is necessary after March 7 restructure or willing to go any lenth to keep us bonded to immigration process). Either way we have no use for them. Wait Couple days more and April 17th is coming. They have no way to keep us bonded now unless we oblige them with our imaginary fears.

I consider that as independece day.If any one feel exploited take good legal advice and use this oppurtunity. If you are worried about the few dollars you need to spend on legal advice, think of the dollars you are losing by your current status.

I have worked for them for nearly 5 years without a single day on bench as of now. I had enough of the fear and exploitation. Good luck to all of you.
 
No Title

yeah man!!...he is right...They SHOULD have file amended I140 as soon as they changed the name....another important thing is our company should have filed amended I140s anyways....how? I think the answer is.....my ND is early Sep 99....our company changed their name in march....which shows that the name change occured less than 180 days after my I485 was filed(I AM GOING TO CHECK THIS WITH A LAWYER).....so it is good that they atleast do my amended I140 now....I will know it tomorrow!!....It is a matter of 5-6 months again....this whole thing is BS...my filing of LC was delayed for 3 months and I485 was delayed by a month and then this "hold for name change" thing delayed me for 3 months...now this redo bull shit is delaying for another say 4-6 months.....So 13 months in total....DAMN...when is this goina end!!

If there is a GOD.....Please help us.
 
No Title

Not just 4-6 months man. They agree to file amended I-140 by Memorial day Tomaorrow they are only putting out list of people they are going to file amended I-140 by then. That is 1.5 months from now. INS takes another 1 month to put it in system (ND vs RD). So 2.5 months. Another 4 - 6 months for approval because there is no RFE and it will take same time as regular I-140. That is 8.5 months. By then your fingerprints will expire. So wait for fingerprint redo ( 2 - 3 months ). That is 11.5 months . Then approval in another 2 months . That is 13 to 14 months we are talking about. How many has stomach for all that.

Mastech changing name within 6 months of your ND has no effect on 180 day rule. If you beleive that you changed job even before the rule came into effect (October 17, 2000). So no GC for you. How do you explain people getting I-140 redo and approval instead of straight denial. Fact is you have not changed job in March. Consult attorney for your mental peace.
 
No Title

I think I should make plans to go back...man!! it is going to be 6 years of slavery already....after seeing ur post its like 12 months again.....GOD!!!....I already consulted a lawyer about this regulations.....he said I have 25 minutes left for the money I paid....my next appointment with him is on MAY 9th...I got to check out about the 180 rule!!...if it requires more time, another $350 is no big deal if it can buy me \'peace\'.

I guess I should stop coming to this board for a while.....becuase others\' stories depress me!!

I am so very f***** depressed!!
 
No Title

Cheer up man, I am telling you April 16th is the end of all your worries ( Actually it will be 180 days from your ND but I am being extra cautious here.) . End all your worries and try to relax from then. It is almost like you have GC from then. You will have EAD to work and Parole to travel. Let INS take till end of earth to come out with regulations if they want. Relax and enjoy.
 
No Title

The biggest tragedy is that even if you work for 5 years without bench and now if you go to bench, you will have face the fear of termination and/or unpaid bench.
 
No Title

I know. That is why I am fed up with this bullshit company and its policies. I have suffered enough mentally. I need to keep my sanity.
 
No Title

Cheer up Phil Spears. I just got an RFE ( haven\'t got the papers yet).
If they did not ask for I-140 redo ( which I am sure they did not ) and they approve my case without putting it on Hold or asking for I-140 redo, then you can be really sure about the 180 day rules validity from April 15th onwards. That will be a clear signal that you are safe to change jobs. So just have patience and watch for cases like mine to be approved.

I have a very strong gut feeling that all cases will be removed from HOLD next week and all of you unfortunate guys will see your approvals pouring in. Generally my gut feelings turn out to be correct. So Just relax...

VSCRD1199
 
No Title

Does anyone know if it\'s at all possible. If I leave this shit company and work on hourly basis and bill this new company where I may work through a company which take say 20 dollar/hr, just for billing purposes. When you work through these billing companies, do they make you an employee with essentially no benefits. Anyone want to share information on this.....Do they make you employee?? or something else....How would it relate to the issue that GC is for a future job............ Or you think it\'s a requirement to become an employee of the new company if u decide to change after 180 days have passed filing your I-485. Any comments/suggestions...
 
No Title

IGTE,
The requirement is that you need to be a permanent employee of any company in the same field as in your LC. If the billing company is specializing in software consultancy and if they are willing to state that you are a permanant employee with all regular benefits then you should be okay.
Personally I would prefer to be a permanant employee of the end user company. That will give me some stability during the wait period for GC and less of a lay off threat in the current economy. Consult with an attorney before you take any decision.
 
No Title

Thanks VSC9909 for this information. I do have an appointment with an attorney next week. I can\'t imagine waiting for another 14 months with these jokers and still no guarantee what\'s next blunder they are going to create with no accountability to us. But surely they do get hefty bonuses from Wadhwani\'s of the world who right now is crying in a closed door to see his stock price go down to 1.40/sh from 50,60 or 70\'s.
 
No Title

In all probabilty I-140 redo will also be screwed up. The fact that they didn\'t do it in March 2000 makes me very angry. I am very disappointed of this VSC hold on 485 name change cases and not processing I-140s. No other service center is doing it. I would like to know what influenced their decision. Any way I am not willing to put my future on hold or in dust bin if you know what I mean.
 
No Title

Guys,

The company has published a list that has all the employees for whom they have filed(do you believe them?) the Amended I-140. Needless to say, this list misses so many of us!

Now, for the guys who are not in the list have to prove that they really are in I485 process. How do we do that? Fax a copy of your EAD card with the Expiration date on it. They want to take a look at your photo in B/W and if you do not look like a wanted fellow, they will file your AI140!
 
No Title

Maybe VSC also approves the I-485\'s based on the photos ?!!
Just a thought, maybe there is some truth in it. The officer picks up a file for processing, doesn\'t like the photo, thinks the guy / gal in the photo doesn\'t deserve his/her immediate attention, picks up the next file for processing. This may explain, why all these years the best and experienced brains including the attorneys who earn a livelihood in this trade, are not able to predict the exact order in which the 485s will be processed. That\'s why you see so many of your friends with later dates getting their approval while you are still waiting for some \'good muhurat\'.
 
You must log in or register to reply here.
Top