what do u guys thinK

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I140helppls

Registered Users (C)
My I140 (labor sub.) is pending in CA since 5/30/2003. employer will not file 485 till 140 is cleared. i need ead by dec 2004 since my wife will graduate from school by then.


i am really getting frustrated and thinking that labor sub cases are not getting looked at. i dont think i stand a chance of approval within the next 6 mths.

i have another company who is willing to start my labor from a quicker state . then i have to join them and file 140/485 .should i go that route . it involves some money but the chances are that i will get my labor within next 4 mths.
OR
should i just keep waiting for this I140
 
Hi I140helppls,

Your employer is not willing to file I485 even if you pay the filing fees? Try convincing him to file 485, i think you can go the other route that you mentioned but there is a chance that i140 will get speed up soon. Actually i think they look at labor sub cases in the Prima Facie time and deny right away(saw few cases even with BIG companies) if doesn't match. So it may get approved for you but USCIS is like other bureaucacies is damn slow. I wish you best of luck to get out of this slavery soon.

Just my 2 cents...
 
Patience my friend. Mine is labor substitution case too. My RD is dated 01/2003(EB3). I do know that substitution cases are scrutinized way too much. I am concerned too. Chances of rejection are there. But, I am also encouraged by the fact that two of my colleagues got their I140 with (both)subst cases approved in June/july. Ofcourse they applied during sept 2002.

But that surely doesnt mean that subst cases arent looked at or they are least preferred or something. Its just that I140 is slower. My lawyers got a call from BCIS asking them to revoke an earlier I140 that was filed with the lc that has been used for me. Our lawyers/company have submitted the required paperwork for them to revoke the older petition and approve mine. Havent heard from them since then.

Things might speed up any time soon. I would say, time shouldnt be a reason for you to consider the other option. But if the you are not confident about the match with the substituted labor, then that should be a reason to consider a new job.

Good luck
have been......Thunderstruck
 
Cant you file 485 urself

Why are you not able to file 485 (is that you are expecting
employer to pay expenses). I dont know much, but I feel
that one can file 485 without employemnt verification letter
if that is the problem. Other than that I dont see any problem
in filing 485 I mean there is no dependent stuff from employer.

If one doesnot attach EVL then you may get RFE at the time of
processing which is long time later.

Please take advice of a lawyer whom you trust. You can file thru
your own lawyer or yourself.

I have read about not putting EVL and implications from ginnus
posts under AC21 thread under 485 issues.
 
re:

the employer will not file 485 so that he can get more 6 mths out of me . i tried all options but he will not file . he also wont give EVL .now EVL is a required doc for 485 . if i file 485 and ead do u think it will help my 140 and i might get EAD . there is a chance that they might just send the 485 back since there is no EVL. will they approve the EAD god knows
 
I140helppls, if it helps, I filed my I140 and I485 back in August 2003 without EVL (or for that matter without the medicals). My lawyer told me that USCIS will issue an RFE for it, they didnt sent back my 485 but did issue EAD and AP for me and my spouse about 3 months ago.
 
re:

Did u file without the letter since the employer wasnt giving one ???
I see what u are saying but the situation is that they have made it a policy , so i am not sure when i get a RFE , i will be able to respond to that with the EVL. also if they come to know they might revoke my 140
 
My employer was okay in giving the letter, i was actually in a hurry to get in the line :). Considering it is taking more than 2 years right now to process 485 I dont think RFE will be an issue for quite a while, in the meantime if all goes well with I140 you will have the option of excercising AC21 and wont have to worry about getting the EVL from your current employer... Just a thought.. not a legal advice. :)
 
re:

thx for ur response.
see here is my case EAD is the thing that is important for me and my wife needs it asap so that she can start working (she is in school right now)... if i apply 485 and 765 without the EVL do u think they will approve my EAD . i personally dont think so because before issuing my EAD they will do a review of I140 and I485 . and they might issue a RFE for EVL. Then my company will not give me a EVL because they will say 'our policy was not to do I485 before I140 and u went against it blah blah..............' i hope u understand ...
pls comment
 
When are you going to get your RFE for EAD
2 and half to 3 months down the line (in case
you get a RFE)?

Is there no way that your 140 approved by then.

In case you get a RFE for EVL can you wait for little
while then rather than now.

In addition do you need to tell your employer I got RFE
for my 485 and I need EVL. Can you ask I need EVL for
other purpose anything you can think of.

By the way if EAD is required for your wife working
did you try convincing your employer saying same
reasons.

Just a thought not legal advice and I was not sure if I
should post this. Think carefully, lot of choices, take your
decision as you are better aware of your employer,
your situation better than us.
 
re:

Thx a lot for your response .I appreciate that

here is my story ....
I tried to convince him for 3 months..... and believe me the documentation i put to support my case,
anyone would have filed I485 .I showed him letters from her school etc that if she had EAD she could do internship etc,
get tuition waiver .... But No, they did not agree... They dont want to do it b'coz they say it is a policy.

Regarding the other things like filing without EVL etc there is a good chance that everything might go smooth but
my I140 is filed by company's lawyer .If there is a RFE for EVL after i file my I485 AND I765 ,
they will surely come to know that I applied my I485 myself, and i am not scared of that .
what i am concerned is that they will not fire me but they might jeopardize my GC (like not
give me EVL , say that we are going to revoke ur I140 b'coz u went against the policy etc etc ...PAY US $$$$$$ etc etc .
who knows
)
and as far as i know the EVL says 'We are going to hire this guy at $$$ salary after GC . We are sponsorung his GC etc etc .)

If i get a letter from them by some other reason it will say '
This is to verify that ***** is our employee and his status is valid with us ***** etc etc .
 
I140helppls
What is the employee strength of your company? I have read of cases in the forum where interim EADs were not issued if company strength is less than 100 for concurrently filed cases. What that means is the thread for EAD is stopped for some reason which officers can't explain other than saying ur I140 is pending and EAD application is on hold. In this case, USCIS does not send any RFE either.
 
re;

good point novis .my company strength is around 140 people.

the catch for me is that i might get a EAD if i apply 485 without the EVL but since i will be going against the company policy anything can happen against me in the future (the biggest risk is that they might just say , we are not interested in pursuing ur GC ) just to set a example for other poeple . they will be ok if one guy leaves and the rest get scared and dont do something like this again
 
I140helppls,
for EVL, get it from an employee of ur employer on company's letter head and submit it and without EVL also it might will work bcos to review 485 file, it takes lot time.
do it and enjoy the freedom!!! after 180 Days
Best, Get Advice from external lawyer and ask him


Thanks,
rb180
 
re:

Thanks for ur response.
Do you think that submitting 485 along with EAD ,i will get my EAD approval without any hassles(I wont have the EVL). Also will this help approve my I140. I will be free after 6 mths only if my I140 is approved. Also honestly freedom is not as bis a issue as the EAD for the wife's career is .
 
I140helppls,
u will get EAD WITHOUT EVL also, if u r lucky but consult with lawyer, once ur 140 approvd and 180 days for 485, leave ur fucking employer immediate, who is not filing concurrent as well as taking a time to file.


Thanks,
rb180
 
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