Question about 485 RFE and an Attorney

S

Sricanth

Registered Users (C)
I have a critical situation. Quit the 140 petitioner (Before 140 Approval) and joined a new company (Client) but the 140 petitioner has agreed to process my GC and filed 485.

I have taken paid consultation with Sheela Murthys office and she advised me to use AC21 but she says she cannot gaurantee an approval. My current attorney is also asking me to use AC21. But I would like to give this case to some good attorney who does work proactively and who is also willing to fight to get this case approved.

My 485 application got an RFE for

1. EVL
2. Tax Retruns for 2003/2002/2001
3. W-2's for 2003/2002/2001
4. 3 Most Recent Pay Stubs
5. If not working for the 140 petitioner explain why?

Currently I have an attorney but he is not proactive/good.

I would like to know if anybody had gone with Sheela Murthy / Rajeev Khanna / Shusterman??? or any good lawyer.

Let me know which attorney is the best as I cannot take a risk at this point.
 
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Is your 140 approved? What are ND/RD etc. If 140 is approved and 485 pending > 180 days and your new job 'similar'- you are good. Just say AC21- on why you changed employers.
Rest of RFE is standard.
HTH
 
I know nothing is guaranteeed in regards to GC but what's the problem here ? Can you please update the status of your I-140 ?
 
No my 140 was not approved.....

when I quit the company my 140 was not approved. Joined the new company (Client) on my previous company's consent and that is the reason they agreed to process my GC.

140 got approved 6 months after joining the new company and then filed for 485 from previous Company (140 petitioner).

Job Duties/Salary/Position everything is the same with the new employer.

Please advice.
 
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Originally posted by Sricanth
No my 140 was not approved.....

when I quit the company my 140 was not approved. Joined the new company (Client) on my previous company's consent and that is the reason they agreed to process my GC.

140 got approved 6 months after joining the new company and then filed for 485 from previous Company (140 petitioner).
--------------- company A or B does not file I-485, you file I-485 and you filed I-485 after I-140 approval. if your I-485 is pending more than 180 days you can use AC21 and you have good case of AC21.
AC21 august memo does not say that you must be working with A if employer A filed I-140 and MEMO does not say that you must be with company A that filed I-140 for 180 days after filing I-485.
GC is for future job even if A files I-140 and I-140 gets approved and then you also file I-485 and at that time you are working with B still you can get GC throuh A, becase A filed I-140 and you filed I-485 on the basis of approved I-140, you need only to work with A AFTER the I-485 APPROVAL. GC is for future job ( it is just example , your situation is diffrent)
Job Duties/Salary/Position everything is the same with the new employer.
------------------------ that is good ,FYI the GC is for future job and one needs not to have same/similar duties if you you join new employer on H1 transfer. Job duties have to be same/similar ON future permenent job OFFER letter.

-------Take the print out and Read the AC21 august Memo read it 2-3 times and try to understand it:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf




No lawyer can give you guarantee in writing for GC because they don’t know if you have any other issues. You must hire a lawyer that can Argue with USCIS if any problem and can file motion to reconsider or can also go for appeal (I don’t think you have any issues you just changed the employer after I-140 approval if your I-1485 is pending more than 180 days and EMPLOYER HAS NOT REVOKED I-140 before your I-485 hit 180 days you are safe)
If I am in your situation I will go with Sheela Murthy or Rajiv Khanna or NYC lawyer Cyrus Mehta (www.cyrusmehta.com)

My 485 applications got an RFE for

1. EVL
----- Send the new employer letter
2. Tax Returns for 2003/2002/2001
--Submit the copies
3. W-2's for 2003/2002/2001
--- Submit the copies
4. 3 Most Recent Pay Stubs
-Submit
5. If not working for the 140 petitioners explain why?
----- I changed my intent
** Send the reply to RFE, it is simple RFE and many get it, what is the problem????

Please advice.
Click to expand...
 
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Thanks Ginnu

Thanks for all the timely help. My 140 was not approved when i moved from my company who filed my GC. My move into the new company was recommended by the GC filing company.

The new company was the client of my previous company. Client decided not to have contractors so hence negotiated with my GC filing company to have me permanent doing a H1 transfer.

Thats the reason even my new company wants to support my GC with the previous company.

I pray GOD to get me an approval soon.
 
Sricanth
I dont see any problems in your case and it will be approved shortly.

Good Luck!!
 
THANKS A TON GINNU

My attorney has sent the response for the RFE. Now to keep my fingers crossed and keep praying GOD to get it approved.

Will keep you guys posted.

Thanks again for all the help from immigrationportal.com guys ginnu, prince of jungle, sb_tiger and ......
 
I used the same lawyer who filed my labor and 140/485

TheEnquirer,

The RFE was answered by my the same attorney who applied for my labor/140/485.

Initially I was planning to change but after the response I got from ImigratioPortal.com and my current attorney decided to send all the required information through him.

if you are looking for an attorney who can file file AC21 I suggest going with Sheela Murthy/Rajiv Khanna.

BTW Could you please post your case details including the dates.
 
Hello SRICANTH !!!!

Hello there !!!
Your question is very interesting.. My wife is in a similar situation, and even though she has not received an RFE, she is currently working for a different employer (different line of work). However, the employer on the I-140 (approved early 2001) is still willing to hire her. We are very nervous.......

Please let me know how you prepared your answer.

MAY EVERYTHING WORK GREAT FOR YOU, AND YOU GET YOUR APPROVAL SHORTLY.

Thanks.
 
I think you have 2 options.

elmerjazz,

What is the series of your WAC number? You applied for 485 August 2001? and you havent heard anything from them?

I think you have 2 options.

1. If your current employer can give a letter saying that he is ready to pay the LC amount and also if he states that the position and duties are similar.

2. You can use Future Employment if you wish to join them after the GC approval.

I think you should decide which route you want to take.

Please try to post all the details Labor Priority, 140 Approval Date and WAC series.
 
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Good Luck!

Don't Worry Sricant. You wil get an approval shortly. More or less I am also sailing on the same boat.

Thanks to Ginnu. His response was too good!

My I-140 approved on August 29, 2002. Filed on August 4th, 2002.

I-485 - WAC-03-004-5XXXXX
Notice Date Oct 04, 2002.
 
What are your dates

saphr485,

What are your RD/ND/FP/RFE dates and details....

When did you quit your 140 employer? After 140 Approval/Before 140 Approval?
 
Hi Krishnagogpal,

Please visit this thread:

http://boards.immigrationportal.com/showthread.php?s=&threadid=123827

My H1b has been transferred from company A to Company B.
proprietor is the same person for those two companies.. I worked with Company A for 8 months...and then transferred our H1b to Company B. Used approved LC of Company A, after I moved to Company B. Filed I-140 in first week of August 2002.. approved within 20 days...filed I485 last week of Sep 2002.


Wac030045XXXXX
ND: Oct 04, 2002.
1st FP - Nov 2
2 EAD
2 AP

NO 2nd FP and RFE
 
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saphr485,

When you filed your 140 you were working for Company B right?
The Labor you used from Company A was filed when u were working for them or was it a substitute labor?

You were working for Company B when you filed for your 485 right?

When u filed your 485 you did fill the G-325a (Biographical Information) form and Did you mention that you are working for Company B when filing 485?
 
hi

Krishna,

When you filed your 140 you were working for Company B right?
The Labor you used from Company A was filed when u were working for them or was it a substitute labor?
>> Yeah. It was a substitute labor.

You were working for Company B when you filed for your 485 right?

>>Yep!

When u filed your 485 you did fill the G-325a (Biographical Information) form and Did you mention that you are working for Company B when filing 485?

>>I don't remember. I have provided the copies of H1B's with Company B... and experience letters too.
 
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