I had posted this sometime before... But, I have more info on the case and am in REAL need of help!!
Started working for Company A in Dec '98. Started my GC with them in late 2000. Before my LC was approved, my company got split into A and B. (I still haven't figured out the reasons).
Anyway, due to some oversight on the part of the HR, I was moved to company B (even though, they were suppoesed to retain 'GC processing employees' with company A).
A and B were one and the same, same address, same phone #, same HR, same management. But, they were treated totally as different entities. They had different tax id!!
In Feb '01, filed for my I 140 - (reason - GC is for future employment and one does not have to be employed with the processing company during the course of GC processing -- according to my attorney), when i was working with company B.
Then,in Feb '02, filed for my 485.
Company A and B are CA based. But, I have always lived and worked in TN.
In March '03 (well over a year after filing my 485), I started working for a TN based company. Again, job descriptions matched but the title is different (LC had Software Engg. and current employment is as Programmer Analyst) and the salary is slightly more than what was stated in the LC.
Attorney received RFE for 3yrs W2, 3 yrs IT returns, 4 pay stubs on 05/28/04.
Here is wht my attorney is saying now....
"the case is risky as you were not working for the petitioner when the I-140 was approved or when the I-485 was filed. We recommend having a H1B as a backup and filing a new backup Labor Certification if possible"
case # WAC-02-124-*****
currently working on EAD.
Any help is greatly appreciated...
Started working for Company A in Dec '98. Started my GC with them in late 2000. Before my LC was approved, my company got split into A and B. (I still haven't figured out the reasons).
Anyway, due to some oversight on the part of the HR, I was moved to company B (even though, they were suppoesed to retain 'GC processing employees' with company A).
A and B were one and the same, same address, same phone #, same HR, same management. But, they were treated totally as different entities. They had different tax id!!
In Feb '01, filed for my I 140 - (reason - GC is for future employment and one does not have to be employed with the processing company during the course of GC processing -- according to my attorney), when i was working with company B.
Then,in Feb '02, filed for my 485.
Company A and B are CA based. But, I have always lived and worked in TN.
In March '03 (well over a year after filing my 485), I started working for a TN based company. Again, job descriptions matched but the title is different (LC had Software Engg. and current employment is as Programmer Analyst) and the salary is slightly more than what was stated in the LC.
Attorney received RFE for 3yrs W2, 3 yrs IT returns, 4 pay stubs on 05/28/04.
Here is wht my attorney is saying now....
"the case is risky as you were not working for the petitioner when the I-140 was approved or when the I-485 was filed. We recommend having a H1B as a backup and filing a new backup Labor Certification if possible"
case # WAC-02-124-*****
currently working on EAD.
Any help is greatly appreciated...