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glus

12-16 09:36 AM

I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?


This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

I need help.....please let me know what should i do....please people help me....

After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.

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priderock

06-16 01:59 PM

Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

1. can we choose the start date of our EAD or does USCIS decide that date?

2. can you have separate start dates for you and your wife's EAD?

3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

thanks

1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.

2) Your wife can start using EAD even though you are still on H1.

3) You can use AC21 provision and change to a different company provided:

a) Your I140 is approved
b) Your I485 is pending for at least 180 days
and
c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.

Note: I am not a lawyer , seek legal help in doubt.

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jayleno

12-16 10:42 AM

Its very sad that such employers exist. What did your lawyer have to say regarding this? Is the lawyer appointed by the company or yourself? If the lawyer was apoointed by your ex-employer, I think the safest thing is to get your paperwork and move to a different lawyer to represent you. Please do not panic, fight it out.

I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?


This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

I need help.....please let me know what should i do....please people help me....

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30 Days of Rob | Day 15:

kmk2002

10-09 06:31 PM

is SOC_CODE 999.151-051 (from case data at FLCCenterdata.com) is same as 15-1051.00 mentioned above?

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vinabath

03-26 11:09 AM

0%

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delax

08-06 11:59 AM

It is EB2, labor approval date is my PD - No idea, why profile does not show up.

Wow! Another 2006 approval. Congrats!

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martinvisalaw

03-18 03:30 PM

Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.

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CA — Robert Pattinson

RiaonH4

01-18 10:30 AM

There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up

Linky --> http://www.maple-immigration.com/ad_index_en.htm

:confused:
Ria

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UniGum

09-21 02:45 PM

let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....

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ufo2002

09-05 06:12 PM

Dems getting the house and improve our situation? Doubt it.
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.

Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"

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vikram_singh

07-26 08:31 PM

Guys,

I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/

Also suggest any sites you may want to add to improve the seach engine.


-Vikram

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Actor Rob Pattinson is

mambarg

08-05 11:44 PM

I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.



MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02

Here is my analysis.

Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.

Guys, give a thought to this trend and see if you can guess more accurately.

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immig4me

04-14 08:17 AM

Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...

Be + ive...

True Story!!!:cool:

Very true! They will count their blessings and forget the bad taste of long waits.......
I am not sure that gc's without pds happen though

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REEF�

06-11 05:43 PM

suuurree..

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Pictured: Robert Pattinson

indyanguy

04-19 11:27 PM

bump

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felix31

02-12 05:41 PM

both H1 and H4 extension are filed together regularly.

However, the need now arises to upgrade both to premium processing.

Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

Anyway, thanks for all replies. I'll keep digging....

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aj1234567

12-21 12:40 PM

Hi-
Can any body please tell me how to start new thread in this forum..


Thanks
Aj

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vin13

03-11 03:20 PM

Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!

I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

I entered US on AP couple of months ago. Passport and AP document are all you need.

At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.

Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.

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krishnam70

08-16 01:04 PM

Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.

I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)

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satyasaich

06-29 09:48 AM

My friend

What else we lose if we stand up the plate to express some legitimate concerns?

Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

Unless one has some compelling personal reasons, i do not see any thing wrong to raise the voice

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Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.

That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

Hilarious! Couldn't resist :o

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Ψ

06-12 01:31 PM

well here is my last volley not at all great and am not completely satisfied.

wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg

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