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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #76 (permalink)  
Old 05-11-2007, 03:13 AM
Senior Member
Priority Date
:
Feb-04
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EB2
I140 Mailed Date
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:
India
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I485 Mailed Date
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Posts: 119
pasupuleti is infamous around these parts
Default

Quote:
Originally Posted by legal_la
Quick question on behalf of my friend. His H1B is being revoked by the present company. His previous employer did not revoke his H1B, can he go back to the previous employer without filing for transfer or should he file for the transfer again?
I be interested in knowing answer for this question.
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  #77 (permalink)  
Old 05-11-2007, 05:29 PM
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Priority Date
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Jan-05
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EB2
I140 Mailed Date
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02/02/2007
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legal_la will become famous soon enough
Default H1B being Revoked

FYI.

I got the information from another friend who was in similar situation. He had consulted rajiv khanna regarding this issue and the answer he got was that he can go back and work with the old company as long as the H1 papers from the old company are still valid.
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  #78 (permalink)  
Old 06-01-2007, 05:05 PM
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Dec-04
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guesswho can only hope to improve
Default

Hi All,
Do you know if there are problems approving I-140 if company does layoffs at your site (even if I am not affected by the layoffs)? I know there could be problems for a pending labor, if there are layoffs while the labor is pending. How about I-140?

Thanks
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  #79 (permalink)  
Old 06-02-2007, 12:10 PM
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Priority Date
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Dec-04
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guesswho can only hope to improve
Default

>>>
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  #80 (permalink)  
Old 06-02-2007, 06:07 PM
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Mar-04
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Posts: 183
GC08 will become famous soon enough
Default Cann't you sue them?

This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?

I think those government agencies should take responsibilities and compensate for your loss.

Anyone thought about that?

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  #81 (permalink)  
Old 06-03-2007, 08:36 PM
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Dec-04
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guesswho can only hope to improve
Default

I wish there was a better way to establish priority date other than an approved I-140. Anyways...

I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?

The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).

Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.

Quote:
Originally Posted by GC08
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?

I think those government agencies should take responsibilities and compensate for your loss.

Anyone thought about that?

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  #82 (permalink)  
Old 06-04-2007, 10:51 AM
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Dec-04
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guesswho can only hope to improve
Default

Can someone with similar experience please help?

Thanks
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  #83 (permalink)  
Old 06-08-2007, 04:27 PM
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N/A
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samrat_bhargava_vihari is infamous around these parts samrat_bhargava_vihari is infamous around these parts
Default

Quote:
Originally Posted by guesswho
I wish there was a better way to establish priority date other than an approved I-140. Anyways...

I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?

The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).

Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
Green card processing can be for future employement also. So even though you laid off it won't stop your 140 processing.

About premium processing Can't you deal with lawyer directly? . Just sending 1000$ check will do your job but I am not sure there is premium processing for 140 is valid now or not ? (until July 16)
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  #84 (permalink)  
Old 06-09-2007, 01:21 PM
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SiliconValleyBob is on a distinguished road
Default I have been LAID OFF

Hello,

I am a Canadian and have a PD of 3-05 LC apporved 10-06, filed i140 in 5-07 and am putting together the documents to send in 485 application this month.

I am on the 7th year of H1-b but have extension valid until 2009

In a few months I won't have a job. I am trying to apply for 485 before it ends.

Is it possible to find a job that is different than my current job description?

When I look for a job, what to I tell potential employer? do they need to sponsor the H1-b or Green Card? do they need a lawyer to manage my stuff?

What do I do after job ends? Does my family and I have to immediately leave? I heard that I can get a few months by applying for a different status (to take care of affairs) but that only get me a few months.

We were so happy last week , as our PD came up and we can go through the final stage to get GC... is all lost right now?

Would really appreciate some guidance.

-Bob
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  #85 (permalink)  
Old 06-09-2007, 01:29 PM
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Mar-05
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Posts: 69
eb2waiter is on a distinguished road
Default I might know the answer ...

A canadian citizen does not have to leave this country. But if your family members are not canadian citizens then they should leave. Also a canadian citizen can get a TN visa and work in US.
Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
You should ask your company to not withdraw your petition.

Better to contact a lawyer.
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---DISCLAIMER: THE ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---

Last edited by eb2waiter; 06-09-2007 at 01:31 PM.
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  #86 (permalink)  
Old 06-12-2007, 04:42 PM
Senior Member
Priority Date
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Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
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:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Posts: 143
techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice techbuyer77 is just really nice
Default

Please help!!!!!!

I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
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  #87 (permalink)  
Old 08-08-2007, 05:17 PM
Senior Member
Priority Date
:
Aug-03
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:
EB3
I140 Mailed Date
:
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:
India
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:
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:
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Join Date: Aug 2007
Posts: 102
GCNaseeb will become famous soon enough
Default Is it not the time for us to prioritize our Goals?

I think many of us go through these kind of tragedy. One of my friends got laid off last month and his employer did not give him the letter to file I-485. Now he is back to the line where he was way back in 2000. He has to start his whole immigration process all over again. This guy lost job twice just before he could adjust his status. He is in USA from over 10 years now and he holds nothing but a PD of 2002. There is nothing in US Immigration Law to protect folks like him. What a shame to the US Immigration system.

This may happen to many of us, not only on the job front, anywhere down the line, untill we get our Green Card. For example, what if USCIS reject our application at the end moment, or else what if USCIS deny our I-485 for a reason beyond our control; there are tons of reasons, our life is shaky until we get our green cards.

Would that be nice if we ask something to protect us just like AC 21? For several folks, even to get to the stage of AC21 is a big milestone. Is it not the time to ask congress to protect all H1-B holders who play by rules and who are here over 10 years, with something similar to AC21? When they can consider giving green cards for those undocumented who are here since only 2005, what we legals ask for; besides just play by the rules and stand in the line and leave everything at the mercy of the adjudicator?

There should be some protection for those who come under these unforeseen clutches of law, besides fighting for mere retrogression.

Quote:
Originally Posted by eb3_nepa
We need a more definitive goal and list of requests/demands dont we? Just ending retrogression is too broad and vague.

Quote:
Originally Posted by techbuyer77 View Post
Please help!!!!!!

I just filed i-485. My pD is Jan 2004
i-140 has been previoulsy approved. I was laid off but my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
I have another employer which I am working now with.
How likely is to get an approval (or an rfe for paystubs?) before 180 days.
I am eb3 row
Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending
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  #88 (permalink)  
Old 08-29-2007, 06:09 PM
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Priority Date
:
Mar-05
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Join Date: Jul 2007
Posts: 29
DesiPardesi is on a distinguished road
Default

Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.

My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.

Both companies are willing to cooperate.
Help!
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  #89 (permalink)  
Old 08-29-2007, 06:34 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/14/2007
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:
India
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:
I-485
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:
08/14/2007
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Join Date: Jun 2007
Posts: 291
americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future
Default

Quote:
Originally Posted by DesiPardesi View Post
Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.

My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.

Both companies are willing to cooperate.
Help!
Refer http://www.murthy.com/news/UDmaepis.html
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  #90 (permalink)  
Old 09-17-2007, 10:50 PM
Member
Priority Date
:
Jan-05
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:
EB3
I140 Mailed Date
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:
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:
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:
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Join Date: May 2007
Posts: 79
missourian is on a distinguished road
Default Guys here is my sad situation

Filed I-485 on July 31,2007, till date not received my receipt and my checks not en cashed either, Today I have been told my last day in the company would be September 28,2007.I have given following options, please advice

Options

1. Two weeks pay that's it I need to leave the company which leads me to one of GC processing(Having approved I140 with PD Dec 2004 in EB3)

2. I will be transferred to Indian operations of the same company ( I leaning towards this option) if I choose options they agreed to continue my GC, but since I filed for AOS is there any way convert my AOS application to consular processing?

Guys please advice
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EB3 INDIA
1. Approved Labor with PD Dec 2004
2. Got I-140 approved April 2007 from NSC
3. Filed 485, EAD and AP on August 1st 2007 to NSC
4. Got all receipts from TSC RD 08/06/2007 ND 10/02/2007
5. Got EAD on 10/18/2007
6. Done FP and Got AP too
7.e-Filled EAD renewal
8. FP done for EAD renewal

Last edited by missourian; 09-17-2007 at 11:31 PM.
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