Laid-off and I-140 RFE, please can you help ? [Archive]

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skv

11-10-2008, 01:32 PM

texcan

11-10-2008, 01:39 PM

I'm currently been laid-off. I-140 and I-485 were filed and pending for 450+ days at Texas since August 2007. I've just one year on my H1-B...

Unfortunately, I saw this RFE as shown below. As I'm not currently working for the employer, the firm's legal team told me that they may respond to the RFE if the HR agrees and if RFE is minor one which doesn't affect the compnay.

I'm having nightmares since last one year......my dear friends, please can you advise what is the best course of action based upon my profile. Much appreciated, god bless all, I don't want anyone to face this situation....

Thank you!!!

Receipt Number: SRC080015****

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

On November 7, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

worry wont help, reply to RFE if company says its ok.
140 is tied to your employment for future job, it has nothing to do with your current employment. You are on h1 and laid off, this is entirely different problem than 140 case. 140 485 are all filed for future employment. you might very well might not have been on h1 or may have never worked with this employer.

Infact as per AC21 rules, if all goes well one may never have worked or may never will work for filing employer.

So donot worry, since its your employer who can reply to RFE regarding 140 they filed, go ahead do so. It might be simply RFE for proof of advertisement of attorney did not file some form or missed something.
take it easy and reply, in meantime find another employment.

good luck and hope this helps to calm your worries.

once you get RFE details, some light can be thrown at solution. Your employer is helping you, its great.

reachinus

11-10-2008, 01:40 PM

Hi There, Just wait till you get the RFE. No one can give you any advice till you have info about the RFE. So just wait it out till you get the RFE. If its regarding ability to Pay then your company have to give the Tax details. If you have been laid off I am not sure if they will help you. If you have left them in good terms then you can always request them to reply to the RFE. Hope this helps.

hpandey

11-10-2008, 01:42 PM

I'm currently been laid-off. I-140 and I-485 were filed and pending for 450+ days at Texas since August 2007. I've just one year on my H1-B...

Unfortunately, I saw this RFE as shown below. As I'm not currently working for the employer, the firm's legal team told me that they may respond to the RFE if the HR agrees and if RFE is minor one which doesn't affect the compnay.

I'm having nightmares since last one year......my dear friends, please can you advise what is the best course of action based upon my profile. Much appreciated, god bless all, I don't want anyone to face this situation....

Thank you!!!

Receipt Number: SRC080015****

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

On November 7, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

You will have to wait for the RFE to come to your lawyer to find out what it conerns with. If it something simple as paystubs then you can submit your most recent paystubs and things should be fine . If its something complex then I guess it would be best to convince your company and legal dept to carry on your case .

One good thing about your case is that you have used only 1 year on your H1b so you can continue on another H1b or same and refile your GC later unlike people who are over the 6 year H1b limit which greatly reduces chances to move forward.

rajpatelemail

11-10-2008, 01:47 PM

Looks like employer is not desi consulting company. Proabably corporate.
They may reply if it small small things like submitting advertise info, submitting the paper work on the activities done already.

But if its is related to "Ability to pay", or any thing related to future liability on their part, or future employement - they may not be much help, because they are corporates and not desi consulting companies. They do as per possibility , as long as there is no liability from their side.

It is better to get job asap and file PERM.
1 year pending on labour is needed to get H1 extensions after 6 years limit.

skv

11-10-2008, 02:08 PM

skv

11-10-2008, 02:13 PM

Hi Hpandey,

Thank you for your time and advice. what I meant was : I've just one year of H1-B left, in other words.....completed 5 years on H1-B already....very scary...

Thanks!

You will have to wait for the RFE to come to your lawyer to find out what it conerns with. If it something simple as paystubs then you can submit your most recent paystubs and things should be fine . If its something complex then I guess it would be best to convince your company and legal dept to carry on your case .

One good thing about your case is that you have used only 1 year on your H1b so you can continue on another H1b or same and refile your GC later unlike people who are over the 6 year H1b limit which greatly reduces chances to move forward.

skv

11-10-2008, 02:17 PM

Will do. Hoping for the best, will keep you posted. Thank you!

Hi There, Just wait till you get the RFE. No one can give you any advice till you have info about the RFE. So just wait it out till you get the RFE. If its regarding ability to Pay then your company have to give the Tax details. If you have been laid off I am not sure if they will help you. If you have left them in good terms then you can always request them to reply to the RFE. Hope this helps.

skv

11-10-2008, 02:25 PM

Hi Rajpatel,

Thanks a lot for your help and advice. Your point is right : they may respond to a RFE as long as there is no liability from their side.

My firm was a small state bank affected by credit crisis.....hope this answers your question...

Thanks!

Looks like employer is not desi consulting company. Proabably corporate.
They may reply if it small small things like submitting advertise info, submitting the paper work on the activities done already.

But if its is related to "Ability to pay", or any thing related to future liability on their part, or future employement - they may not be much help, because they are corporates and not desi consulting companies. They do as per possibility , as long as there is no liability from their side.

It is better to get job asap and file PERM.
1 year pending on labour is needed to get H1 extensions after 6 years limit.

texcan

11-10-2008, 03:14 PM

Hi Texcan,

Thank you for your advice and motivation. Hope I had received the same treatment from my personal immigration attorney based in Edison. After paying three consultation fees, all he is says now: " It's gone, unfortunately your green card dream ends here.....see me next week, if your firm's attorney responds to the RFE, then we will see" Not at all encouraging and very negatively focused attorney......

I hope and pray that, I see light at the end of the tunnel, as it's been really a hell of a ride since one year for me : seen 5 round of layoffs, visited physical therapy for my chronic neck pain due to extreme stress....what not....Here I'm now without a job and not knowing whether I can live in this country or not......I wish I can go back home , had I didn't purchased a condo...

Thank you again for healing my wounds.....

skv,

thanks for kind words. Many Attorneys....are a shame on their profession
as well as shame on mankind by not being considerate to their clients.

Now about stress part, donot worry too much. I have gone thru a lot of sh** myself and have come to conclusion to live life daily..not years, not green cards....buy daily ( so i exercise daily, i work daily, i feel good). Worries are not going to help anyone specially the ones not created by us....

so my friend, relax from legal tensions....focus on daily life.

there is an old saying...."if this is so bad that it feels bootom then good it can only get better".

buck up ...no fear...

skv

11-17-2008, 06:57 PM

Hi Texcan and IV fellow members,

I'm still waiting for the RFE details from my ex-company. (REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD)

As per online status : On November 7, 2008, we mailed a notice requesting initial evidence in this case.

Please can you folks let me know what options I've in case my ex-company don't respond to the RFE because of liability ? I really appreciate your time and help on this.

Thanks again!!

FYI : I'm currently been laid-off. I-140 and I-485 were filed and pending for 450+ days at Texas since August 2007. I've just one year on my H1-B...

Unfortunately, I saw this RFE as shown below. As I'm not currently working for the employer, the firm's legal team told me that they may respond to the RFE if the HR agrees and if RFE is minor one which doesn't affect the compnay.

I'm having nightmares since last one year......my dear friends, please can you advise what is the best course of action based upon my profile. Much appreciated, god bless all, I don't want anyone to face this situation....

Thank you!!!

Receipt Number: SRC080015****

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

On November 7, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

skv,

thanks for kind words. Many Attorneys....are a shame on their profession
as well as shame on mankind by not being considerate to their clients.

Now about stress part, donot worry too much. I have gone thru a lot of sh** myself and have come to conclusion to live life daily..not years, not green cards....buy daily ( so i exercise daily, i work daily, i feel good). Worries are not going to help anyone specially the ones not created by us....

so my friend, relax from legal tensions....focus on daily life.

there is an old saying...."if this is so bad that it feels bootom then good it can only get better".

buck up ...no fear...

sadshaq12

11-18-2008, 01:18 AM

Hi skv!
dont worry even if you are laid off just dont let them show this that you are laid off
and as long as they replied with rfe and meet their requirement you are fine
again ppl like texan give new hope to all of us
Live life daily.
I have gone ta a lot lately and still going throug it

another one

11-18-2008, 08:13 AM

Hi Skv,

sorry to hear about your situation. if you can afford it, i would suggest getting one more consultation from a different lawyer (maybe someone can recommend a really good one).

At time of difficulty it may help to remind yourself that a job in US is not everything. Your education, skills and experience will make you a good candidate for job anywhere in the world. And believe me, life will be fun wherever you live. It's defined much more by ones attitidues than local infrastructure.

It's quite likely that your situation will get sorted out, but just in case it may also help to get started with the process of learning how to rent out your condo. Preparing for worst can be sometimes be a good stress reliever.

wish you good luck.

Hi Texcan,

Thank you for your advice and motivation. Hope I had received the same treatment from my personal immigration attorney based in Edison. After paying three consultation fees, all he is says now: " It's gone, unfortunately your green card dream ends here.....see me next week, if your firm's attorney responds to the RFE, then we will see" Not at all encouraging and very negatively focused attorney......

I hope and pray that, I see light at the end of the tunnel, as it's been really a hell of a ride since one year for me : seen 5 round of layoffs, visited physical therapy for my chronic neck pain due to extreme stress....what not....Here I'm now without a job and not knowing whether I can live in this country or not......I wish I can go back home , had I didn't purchased a condo...

Thank you again for healing my wounds.....

meridiani.planum

11-18-2008, 09:54 AM

Hi Rajpatel,

Thanks a lot for your help and advice. Your point is right : they may respond to a RFE as long as there is no liability from their side.

My firm was a small state bank affected by credit crisis.....hope this answers your question...

Thanks!

what is your current PERM status? Is it in process or filed? Its very critical that you have an LC pending/approved but aged atleast 365 days when your H1-b runs out. If you are a little under 365 days, also note that you can 'recapture' all H1 time spent outside the US, so add up your past vacations, and if they are also enough see if you can take a month or whatever you need off sometime int he course of this one year.
If that company responds to the RFE you are all set, but for now assume they wont, and make sure you have a very good backup ready.

skv

11-18-2008, 11:03 AM

Thank you sadshaq12 for your advise and support. I will try....

Hi skv!
dont worry even if you are laid off just dont let them show this that you are laid off
and as long as they replied with rfe and meet their requirement you are fine
again ppl like texan give new hope to all of us
Live life daily.
I have gone ta a lot lately and still going throug it

skv

11-18-2008, 11:11 AM

Thank you for the support! Please can you suggest a good attorney for the case ?

I tried Gurnani and Gurnani, but they are not ethical and professional, they just need money.....waste of time.......

Hi Skv,

sorry to hear about your situation. if you can afford it, i would suggest getting one more consultation from a different lawyer (maybe someone can recommend a really good one).

At time of difficulty it may help to remind yourself that a job in US is not everything. Your education, skills and experience will make you a good candidate for job anywhere in the world. And believe me, life will be fun wherever you live. It's defined much more by ones attitidues than local infrastructure.

It's quite likely that your situation will get sorted out, but just in case it may also help to get started with the process of learning how to rent out your condo. Preparing for worst can be sometimes be a good stress reliever.

wish you good luck.

skv

11-18-2008, 11:15 AM

Thank you for your time!

Attorney is Gurnani and Gurnani, as I mentioned earlier, it's a bad choice based upon my experience.

So, I'm thinking to hire Murthy or Rajesh. Please can you advise here ? Any thoughts.........

Thanks again!

Do not worry. Nobody goes back unless they have love for their homeland or personal family or health problems. Immigrants know how to struggle and find a way and find success in life due to opportunities to grow in any country around the world. Greencard is not everything in life and not worth losing all hope. Just consult another lawyer who is good and has lot of experience. Get another job soon so that you can stay legally and do not go back to your country if you do not want to. Try for Canada as an option too. Who was the lawyer you consulted?

singhsa3

11-18-2008, 12:02 PM

I am hoping that employer does not withdraws I-140 or refuses to reply to the RFE. As long as that is the case you should be fine. The matter is definitly serious and you should spend some time meeting the lawyer and your company official in person.

I'm currently been laid-off. I-140 and I-485 were filed and pending for 450+ days at Texas since August 2007. I've just one year on my H1-B...

Unfortunately, I saw this RFE as shown below. As I'm not currently working for the employer, the firm's legal team told me that they may respond to the RFE if the HR agrees and if RFE is minor one which doesn't affect the compnay.

I'm having nightmares since last one year......my dear friends, please can you advise what is the best course of action based upon my profile. Much appreciated, god bless all, I don't want anyone to face this situation....

Thank you!!!

Receipt Number: SRC080015****

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

On November 7, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

skv

11-18-2008, 12:59 PM

Thank you for taking a look at this. Yeah, I agree. I hope my ex-company responds to the RFE.

Please can you let me know what options I do have if the firm withdraws my I-140 or ignores the RFE.

BTW, my I-140 and I-485 pending for more than 450 days and I do have EAD valid till 2010.

Meantime, If I get a job, can I turn around my case with a good attorney ?

I am hoping that employer does not withdraws I-140 or refuses to reply to the RFE. As long as that is the case you should be fine. The matter is definitly serious and you should spend some time meeting the lawyer and your company official in person.

singhsa3

11-18-2008, 02:16 PM

I wish, I had good news for you my freind but your options will be limited. Only way I can think (though I am not sure) of if some company is willing to transfer your H1 and on the basis of approved labor, you continue to get extenstion in the increment of 1 year each. In the meanwhile, the company filled for your labor and I-140.
But this option you must discuss with you lawyer. Plus you would need a copy of your approved labor.
Thank you for taking a look at this. Yeah, I agree. I hope my ex-company responds to the RFE.

Please can you let me know what options I do have if the firm withdraws my I-140 or ignores the RFE.

BTW, my I-140 and I-485 pending for more than 450 days and I do have EAD valid till 2010.

Meantime, If I get a job, can I turn around my case with a good attorney ?

desi485

11-18-2008, 04:27 PM

Thank you for taking a look at this. Yeah, I agree. I hope my ex-company responds to the RFE.

Please can you let me know what options I do have if the firm withdraws my I-140 or ignores the RFE.

BTW, my I-140 and I-485 pending for more than 450 days and I do have EAD valid till 2010.

Meantime, If I get a job, can I turn around my case with a good attorney ?

if your company replies to RFE, you are all good. Just use AC-21 and enjoy, wait for your GC. But if they don't, you loose 485, EAD, AP all at once. All you can do is to try to come back to H1. I personally have bad exp with desi lawyers but it may be just me. Search on this thread where other lawyers are discussed.

If I were you, I would spend my 100%, rather 200% energy and time to meet my ex-employer, HR and whoever I know can help me to convince them to reply to RFE.

sadshaq12

11-18-2008, 04:41 PM

Hi Gurus
One question for you
Can A2p the wages be pro rated ?

if monthly wages for an employees is 1000 per month then it should be 12000 per year) company need to prove the ability to pay $12000 per year.

but what if the LC was filed in mid year for example June 2005 and CIS RFE is asking to proof ability to pay (only One year) 2005
can it been showed as June - december = 7 month and onwards

$1000 x7= 7000
is it good approch or no
Thanks