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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #16 (permalink)  
Old 08-26-2008, 06:53 PM
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I140 Mailed Date
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Default Ac21

Quote:
Originally Posted by jingi1234 View Post
RFE:

1) My Status from xxx,2005 to xxx, 2007 [ pretty stright forward ..was on OPT + followed by H1B]
1. You should not have any problem using AC21 with H1B (if your employer is not willing to help - this is a better option)


Quote:
Originally Posted by jingi1234 View Post

2) w2s, pay stubs (current), current Offer letter

for item 2: All my W2s are with the xxx employer, pay stubs are with xxx employer and offer letter (I don't have current and employer will ask 100 questions before issuing...and he will never issue any thing like "To whom so ever it may concern"...
2. How come you are not having your w2's and pay stubs ?
This seems to be fishy. I would advice to change emplyer and there should not be any problem with AC21.

3. Do you have your w2 for 2007 ?

4. Ask you employer to provide all your w2's and paystub else tell him that you are going to call DOL and you would get all your documents with in no time.

good luck.

do not be afraid to threaten your employer. you can always use AC21 with H1B or EAD.
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  #17 (permalink)  
Old 08-26-2008, 07:20 PM
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Nov-06
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Default

Quote:
Originally Posted by shana04 View Post
2. How come you are not having your w2's and pay stubs ?
This seems to be fishy. I would advice to change emplyer and there should not be any problem with AC21.

3. Do you have your w2 for 2007 ?

I think he/she mean to say that he/she has all the paystubs and W2's, but the employer is refusing to give the letter.
jingi1234: Correct me if I am wrong.

May be his/her employer is not satisfied with what he has sucked out of him/her so far, so he might be looking for money or some kind of agreement.

It might sound funny, but these people are like mosquitoes carrying West Nile virus, they suck your blood and inject poison in your stream.
Never ever expect them to do good things.

Last edited by copsmart; 08-26-2008 at 07:51 PM. Reason: Added missing info
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  #18 (permalink)  
Old 08-26-2008, 08:12 PM
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Apr-03
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Default

jingi
You are so close to the GC. Best way to handle always is with a good atty.





1) My Status from xxx,2005 to xxx, 2007 [ pretty stright forward ..was on OPT + followed by H1B]

If you have documents to substantiate this. you are good.

2) w2s, pay stubs (current), current Offer letter

for item 2: All my W2s are with the xxx employer, pay stubs are with xxx employer and offer letter (I don't have current and employer will ask 100 questions before issuing...and he will never issue any thing like "To whom so ever it may concern"...


I can't believe your W2s and pay stubs are with employer. One thing you
could do is approach tax consultant who did your taxes to get old W2s. They will have copies. Or you could contact
IRS and they will issue Transcripts which is equally good I guess( consult atty). Offer letter is the tough one. If the employer does not give it, can be hard. One way to trick is telling them you need it to sponsor visit visa
to your parents or something... May not work if the employer knows clearly
abt your RFE.
Sometimes they might take the ACH online receipt in the bank statement
and as well for proof of salary. You may have to talk with an atty.

So if I swich to new employer then no pay stubs with the new employer? Can I put old pay stubs + New offer letter?

Law states a valid job offer should be there. If you can prove that the new
company can afford your salary, you should be good. You might have to
give them the tax filing of the company or something like that.


all the best bro
__________________
EB3 PD Apr 2003.
I485 approved Aug 2007.
"Now doing my own business."
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  #19 (permalink)  
Old 08-26-2008, 10:19 PM
Member
Priority Date
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Mar-05
Category
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I140 Mailed Date
:
01/09/2007
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I-140+I-485
I485 Mailed Date
:
05/11/2007
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default

Quote:
Originally Posted by sbabunle View Post
jingi
You are so close to the GC. Best way to handle always is with a good atty.





1) My Status from xxx,2005 to xxx, 2007 [ pretty stright forward ..was on OPT + followed by H1B]

If you have documents to substantiate this. you are good.

2) w2s, pay stubs (current), current Offer letter

for item 2: All my W2s are with the xxx employer, pay stubs are with xxx employer and offer letter (I don't have current and employer will ask 100 questions before issuing...and he will never issue any thing like "To whom so ever it may concern"...


I can't believe your W2s and pay stubs are with employer. One thing you
could do is approach tax consultant who did your taxes to get old W2s. They will have copies. Or you could contact
IRS and they will issue Transcripts which is equally good I guess( consult atty). Offer letter is the tough one. If the employer does not give it, can be hard. One way to trick is telling them you need it to sponsor visit visa
to your parents or something... May not work if the employer knows clearly
abt your RFE.
Sometimes they might take the ACH online receipt in the bank statement
and as well for proof of salary. You may have to talk with an atty.

So if I swich to new employer then no pay stubs with the new employer? Can I put old pay stubs + New offer letter?

Law states a valid job offer should be there. If you can prove that the new
company can afford your salary, you should be good. You might have to
give them the tax filing of the company or something like that.


all the best bro

Thanks all for the suggetions.

What I meant was ...I have worked all these years with the xxx employer....and I have all the pay stubs + W2s because of xx employer [I have them with me...]

Also I am meeting with the CEO of the company [basically an @sshole] to discuss why they don't want to give letter or respond to RFE.

I am going to lure him if he needs any bond that I need to sign [stay for one more year after getting GC etc]
Or
If they need money upfront.

Will keep you guys posted.
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  #20 (permalink)  
Old 08-27-2008, 01:43 AM
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Priority Date
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Default Work out something with your employer

Hi


My advise is not to fight with employer at this time. Provide money/bond/sweet promices what ever you could aand this is your last step in the process.

Best of Luck.

Thanks
__________________
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GC Category:- EB-2
PD:- Dec, 2004
140 :- Mar, 2007
485 :- July, 2007
131/765 Filed:- Aug , 2007
Receipt Numbers(485):- WAC-XXXXXXXXX
Receipts(131/765) :- LIN - XXXXXXX
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  #21 (permalink)  
Old 08-27-2008, 08:40 AM
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Nov-06
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Default

Quote:
Originally Posted by jingi1234 View Post
Also I am meeting with the CEO of the company [basically an @sshole] to discuss why they don't want to give letter or respond to RFE.

I am going to lure him if he needs any bond that I need to sign [stay for one more year after getting GC etc]
Or
If they need money upfront.

Will keep you guys posted.
Good move.

But as a backup, consult an Attorney and get his advice on what to do in case your employer doesn't come to an agreement. Get things going before you run out of time.

Good Luck.
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  #22 (permalink)  
Old 08-27-2008, 02:35 PM
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Priority Date
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Apr-04
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Bangladesh
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Default H1/140 revokation and online case status

Does anybody here has experience or know if employer revokes I-140 or H1 does the satatus changes from Approved to 'Revoked' or 'Withdrawn' or something like that?
__________________
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__________________________________________________ _________________
eb3, ROW, PD: 4/9/2004
GC Approved on 01/2/2009
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  #23 (permalink)  
Old 08-27-2008, 03:59 PM
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Priority Date
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Apr-04
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Default

Anybody?

Quote:
Originally Posted by gc4me View Post
Does anybody here has experience or know if employer revokes I-140 or H1 does the satatus changes from Approved to 'Revoked' or 'Withdrawn' or something like that?
__________________
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__________________________________________________ _________________
eb3, ROW, PD: 4/9/2004
GC Approved on 01/2/2009
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  #24 (permalink)  
Old 08-27-2008, 04:46 PM
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Priority Date
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Oct-05
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I140 Mailed Date
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Default

Quote:
Originally Posted by jingi1234 View Post
Thanks all for the suggetions.

What I meant was ...I have worked all these years with the xxx employer....and I have all the pay stubs + W2s because of xx employer [I have them with me...]

Also I am meeting with the CEO of the company [basically an @sshole] to discuss why they don't want to give letter or respond to RFE.

I am going to lure him if he needs any bond that I need to sign [stay for one more year after getting GC etc]
Or
If they need money upfront.

Will keep you guys posted.

Good luck .Unfortunately IV (I mean we are all) don't have any agenda to raise our voice against such employers.
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Last edited by javadeveloper; 08-27-2008 at 05:03 PM.
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  #25 (permalink)  
Old 08-27-2008, 06:58 PM
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Jun-07
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I140 Mailed Date
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07/29/2007
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katakamk is on a distinguished road
Default I485 NOID & H1B withdrawn

After successfully transfer H1 using AC21, GC sponsor revoked I-140 & withdrawn H1B then I responded to I485NOID with current employer and the case is transfered to NBC, awaiting for interview letter or something else.
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  #26 (permalink)  
Old 08-27-2008, 08:05 PM
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Priority Date
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Default

Employment verification letter is always is problem. But there are different ways to do it.

1) if your manager is the problem. ask HR to provide it. if they ask you why.. tell them for mortgage application/ renal place. There are so many reasons for which you will need one.

2) if HR is the problem. Prepare one on your own with facts and ask your manager, director to sign it.

You will have find the way. No need to tell them you are asking it for GC
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  #27 (permalink)  
Old 08-28-2008, 04:31 PM
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Priority Date
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I140 Mailed Date
:
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Default

Matter is kind of resolved

I agreed to pay them 15K after replying the RFE. [I thought for a while ..it would cost me almost 10K to move to new employer on H1B + AC21 + new lawyer fee etc.]. I felt like paying them 15K is much much better.

Will keep you posted. Also I saw few posts where it says "VISA numbers are Over for EB2..India / China"..how far is this true?

I also got a mixed answers about 485 RFEs. If any case is issued RFE at 485 stage then visa number is held for 30 days….don't know if that is true..

In other words ….485 RFE indicates a quick GC? Any thoughts?

- Jingi
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  #28 (permalink)  
Old 08-28-2008, 06:22 PM
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Priority Date
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I140 Mailed Date
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:
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Default

Quote:
Originally Posted by jingi1234 View Post
Matter is kind of resolved

I agreed to pay them 15K after replying the RFE. [I thought for a while ..it would cost me almost 10K to move to new employer on H1B + AC21 + new lawyer fee etc.]. I felt like paying them 15K is much much better.

Will keep you posted. Also I saw few posts where it says "VISA numbers are Over for EB2..India / China"..how far is this true?

I also got a mixed answers about 485 RFEs. If any case is issued RFE at 485 stage then visa number is held for 30 days….don't know if that is true..

In other words ….485 RFE indicates a quick GC? Any thoughts?

- Jingi
You should have said like 5K for the letter , 10 K(or 1 year contract) after you get GC like that.Anyhow you made the deal , Good Luck.
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  #29 (permalink)  
Old 08-28-2008, 09:11 PM
Senior Member
Priority Date
:
Nov-06
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I140 Mailed Date
:
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:
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copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute copsmart has a reputation beyond repute
Default

Quote:
Originally Posted by javadeveloper View Post
You should have said like 5K for the letter , 10 K(or 1 year contract) after you get GC like that.Anyhow you made the deal , Good Luck.

That blood sucker is not going to pay much for that 1 year anyways. So, it’s good to leave that employer and find a better job after GC.

jingi1234: Reply to the RFE ASAP and you should get the magic email anytime soon.

Good Luck.
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  #30 (permalink)  
Old 09-09-2008, 01:14 PM
Member
Priority Date
:
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:
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I140 Mailed Date
:
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:
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default Another questions - URGENT

Gurus,
Another question about my 485 RFE. My lawyer noticed that on my labor application I have wrong dates of my education + wrong dates of my employment history [they are off by a month].
My lawyer wants to send notarized affidavit saying that it was my mistake and I didn't put wrong dates by purposefully etc.

<I only have one day to respond>

Can this create problems? Please post your suggestions.

===========
I attended my school for masters from Sep 4, 2001 to Dec 2003 [In the labor it said Aug 2001 to Jan 2004]. And on campus job from Aug 2001 instead of Sep 2001.
============

- Jingi

Last edited by jingi1234; 09-09-2008 at 02:16 PM.
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