Hello All,
I am caught up in a unique situation. Please read this through and give me your expert advice and give me some direction on how to approach with my application. Here is a detailed account of my case ...
I have taken up a job with "Company A", which is a contracting company, in November 2000. This is a very small company with good amount of revenues and had only 2 employees on H-1B other than myself. One of these guys filed for labor in Nov 2000 and the other in Feb 2001. The owners of this company are extremely nice and take very good care of their employees. Unfortunately, the company was very badly hit by the market down turn and they had to let me go in May 2001. I was lucky enough to get a permanent job with "Company B" and I started working there from June 2001. At that time, I was already on H-1B for 2 years. All along, I was hoping to get back to "Company A" whenever an opportunity comes. But unfortunately the company never recovered from the hit it took in 2000. "Company B" was not willing to process my GC, so I spoke with the folks at "Company A" and they agreed to start processing my GC. I applied for labor in Feb 2002. Mean while, the other two guys whose GC process started earlier, also had to leave the company and both of them took permanent positions in other companies but "Company A" continued supporting their GC. Both of them left the company after their labor was approved and 140 was filed (140 not approved, yet). Subsequently, both of them got approvals for 140 while being employed with a different company and filed for their 485. Incidentally, both of them got queries for Pay Stubs, W-2, Tax Returns & EVL. They provided the same by finding short term contracting jobs and going back to "Company A"'s payroll. One of them got his approval in May 2003 and the other as recent as September 2004. I got my labor approved in Sept 2004 and in the process of perparing to file for 140 & 485 concurrently, my attorney found that "Company A"'s tax returns for 2002 & 2003 are very bad and she had warned me that there is a 50-50 chance that my application may get rejected. Even though not good, Company A's revenues for 2004 look slightly better when compared to the prior years of 2002 & 2003. However, my attorney opines that 2004 financial situation doesn't matter. She also advised me that my chances could go as up as 80%, if I can get an affidavit from the owner of the company stating that he is willing to liquidate his assets if needed and pay my salary. The owner is extremely helpful and he is the kind of person who will go to any lengths to help his employees. Having said that, it is not fair for me expect an affidavit of this nature from him. He will have to consider a lot of variables like his family situation, disclosing his assets and will understandably take a lot of other personal things into account. My attorney says we could go ahead and file and take a chance. "Company B" is willing to process my GC now, but I know for sure they will harass me once get into their clutches. I am running out of time with my H-1B as I will complete 6 yrs with this status very soon. I am in miserable quandary and can't think of how to move forward.
You guys have been of immense help to countless number of pople and I would appreciate if you could please provide me with your expert advice and guide me in the right direction.
Regards,
Arty717
I am caught up in a unique situation. Please read this through and give me your expert advice and give me some direction on how to approach with my application. Here is a detailed account of my case ...
I have taken up a job with "Company A", which is a contracting company, in November 2000. This is a very small company with good amount of revenues and had only 2 employees on H-1B other than myself. One of these guys filed for labor in Nov 2000 and the other in Feb 2001. The owners of this company are extremely nice and take very good care of their employees. Unfortunately, the company was very badly hit by the market down turn and they had to let me go in May 2001. I was lucky enough to get a permanent job with "Company B" and I started working there from June 2001. At that time, I was already on H-1B for 2 years. All along, I was hoping to get back to "Company A" whenever an opportunity comes. But unfortunately the company never recovered from the hit it took in 2000. "Company B" was not willing to process my GC, so I spoke with the folks at "Company A" and they agreed to start processing my GC. I applied for labor in Feb 2002. Mean while, the other two guys whose GC process started earlier, also had to leave the company and both of them took permanent positions in other companies but "Company A" continued supporting their GC. Both of them left the company after their labor was approved and 140 was filed (140 not approved, yet). Subsequently, both of them got approvals for 140 while being employed with a different company and filed for their 485. Incidentally, both of them got queries for Pay Stubs, W-2, Tax Returns & EVL. They provided the same by finding short term contracting jobs and going back to "Company A"'s payroll. One of them got his approval in May 2003 and the other as recent as September 2004. I got my labor approved in Sept 2004 and in the process of perparing to file for 140 & 485 concurrently, my attorney found that "Company A"'s tax returns for 2002 & 2003 are very bad and she had warned me that there is a 50-50 chance that my application may get rejected. Even though not good, Company A's revenues for 2004 look slightly better when compared to the prior years of 2002 & 2003. However, my attorney opines that 2004 financial situation doesn't matter. She also advised me that my chances could go as up as 80%, if I can get an affidavit from the owner of the company stating that he is willing to liquidate his assets if needed and pay my salary. The owner is extremely helpful and he is the kind of person who will go to any lengths to help his employees. Having said that, it is not fair for me expect an affidavit of this nature from him. He will have to consider a lot of variables like his family situation, disclosing his assets and will understandably take a lot of other personal things into account. My attorney says we could go ahead and file and take a chance. "Company B" is willing to process my GC now, but I know for sure they will harass me once get into their clutches. I am running out of time with my H-1B as I will complete 6 yrs with this status very soon. I am in miserable quandary and can't think of how to move forward.
You guys have been of immense help to countless number of pople and I would appreciate if you could please provide me with your expert advice and guide me in the right direction.
Regards,
Arty717
Arty717