Need Advice from Gurus..

P

pandu2004

Registered Users (C)
Hi,
Current Status: H1B, I have been with this employer from fast 5 years.

Background: My labor got approved and 140 was approved on July 2003.

Problem: My employer is not filing my 485 and even I am not thinking he is going to file this year. May be if I wait until next year. He may or may not.

Question: Please advice me! What is the right choice?
1) Stay with this employer until file my 485 or
2) Change the employer and start GC again (I have barely 1 and half year left for 6 years).

Your advices are greatly appreciated!
Thanks.
 
YOur company is so tough, and not resonable.

which company you are in? I think you should have very sincere talk with your boss, and tell them GC is so important to you.
Sorry for your situation, I wish you best. :)
 
pandu2004 said:
Hi,
Current Status: H1B, I have been with this employer from fast 5 years.

Background: My labor got approved and 140 was approved on July 2003.

Problem: My employer is not filing my 485 and even I am not thinking he is going to file this year. May be if I wait until next year. He may or may not.

Question: Please advice me! What is the right choice?
1) Stay with this employer until file my 485 or
2) Change the employer and start GC again (I have barely 1 and half year left for 6 years).

Your advices are greatly appreciated!
Thanks.
Click to expand...
Unfortunately, it appears that u r in a 'between a rock and a hardplace' situation. Obviously u can use the FOIA to get hold of ur LC and I140 [these r needed to file for i485, which of course is ur application] But the caveat is this is dependent on I140 and the I140 can be revoked by the employer, unless it has been 6 months after i140 has been approved and u have applied for ur I485. THink it over. 1.5 years is also sufficient to restart the process, obviously it is a hard decision.
 
Bottom line is you can file 485 on your own. Actually you always file it on your own. So do it ASAP.
You need the 140 receipt# and maybe the approvel notice itself. Talk to a lawyer about it- it should not be an issue at all.
Meanwhile immediately apply for 140 and LC via FOIA- there should be pleant of links for that.
Good Luck.
 
To file my 485 on my own (apart form 140 approval notice and LC)
What else do I need?
Any letters from my employer?
If so, if I don't get it from him, can I change employer and get it from new employer?

Please give me some suggestion guru's!

Once again thanks for your valuable suggestions!!
 
Use the services of an experienced and competent immigration attorney before you do anything. Filing for LC and starting all over again is not a good idea. Best of Luck.
 
Change that employer!!!

Kick that employer !! He will never file your GC and he must be DESI employer.

Join another company still u have 18 months .. that's enough time to get at least labor aprroval !!

Good luck !!!
 
I don't think that employer letter is required for filing I485. I am almost sure about it. If INS wants that letter, they will issue an RFE, but it is not a mandatory part of documentation for I485. I know some people have filed I485 on their own. So you better file it on your own or if you can afford $3000, you can get a lawyer who will file it for you.
Just get I140 and LC copied using FOIA and file I485 by yourself. Once you file it, use AC21 and say good bye to the current employer. It's not advisable to start GC process all over again.
 
Friends, Before getting carried away, let us try to give him the facts correctly.
- Main thing NEEDED for applying 485 [on ur own r otherwise] is LC and I140. Do u have that?
- You can use FOIA to get the LC and I140. I donot know if ur employer is able to find out that u r requesting that or not. If they do and revoke ur I1140, they u r hossed. The employer can revoke ur I1140 if
- The I140 has not been approved yet.
- I140 has been approved but it is NOT 6 MONTHS, after u have applied for 485.
- FOIA would take about 90 days. So, at the lower end, it would take a minimum of 3-4 months before u can apply for ur i485. Sadistically, if ur employer revokes I140 2 months after that, then u have 1 year of h1 left.
- If it has been 1 year after filing Labor, then u can extend ur H1 on a yearly basis, but for which u would need the cooperation of the employer. So, if u were to switch now to a cooperative employer u would have sufficient time to start the LC process and be within the 1 year limit.

Hopefully this clears ur doubts.
 
Although many people applied without employment letter , submitted later for an RFE and subsequently got approved employment letter is required for I-485 application. It is clearly mentioned in I-485 instruction sheet. This is possible because BCIS was always taking more then 180 days for approval of I-485.

With this pilot program If they approve before I-180 days you may not be able to do that. Moreover they may send NOID instead of RFE for such cases now as their strategy is changing now
 
Did you consider going the Consular Processing way ? Since I-140 is approved you can file AC140. Search this forum, you will find information on CP. This may be a blessing in disguise and you may get the GC quicker via the CP route. You will still need the employment Verification letter during CP interview, so keep that in mind.
 
You must log in or register to reply here.
Top