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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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  #1 (permalink)  
Old 08-26-2008, 03:32 PM
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default AC21 - Need help urgent

Hello Friends,


MY PD is Mar ,2005 and 140 is approved [6.5 months ago]. I-485 is pending for more than 180 days. I have receipt numbers for I-140 and I-485 [No paper works]. Employer didn't file EAD or AP [he thought I might escape]. I am with the employer for 4.5 years and ONE PROJECT. First H1B was from Oct 2004 to Oct 2007 and Second H1B is approved from Oct 2007 to Oct 2010.

I got an RFE for I485 on Aug 12 and my employer [lawyer] says that they didn't receive this as of today. I strongly think that employer is playing some kind of game here. Lucky that I got a copy of the RFE. Also it stated very clearly that RFE must be responded in 30days or application may be rejected.

When I sent this letter to employer [lawyer]…they still doesn't want to respond unless then receive something from USCIS [very strange…]

My question:

I want to invoke AC21 with new employer. I don't have EAD. Can I transfer my H1B to new employer + send the RFE via new employer ?

Please let me know your thoughts / Suggestions.

Thanks
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  #2 (permalink)  
Old 08-26-2008, 03:35 PM
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Default

Quote:
Originally Posted by jingi1234 View Post
Hello Friends,


MY PD is Mar ,2005 and 140 is approved [6.5 months ago]. I-485 is pending for more than 180 days. I have receipt numbers for I-140 and I-485 [No paper works]. Employer didn't file EAD or AP [he thought I might escape]. I am with the employer for 4.5 years and ONE PROJECT. First H1B was from Oct 2004 to Oct 2007 and Second H1B is approved from Oct 2007 to Oct 2010.

I got an RFE for I485 on Aug 12 and my employer [lawyer] says that they didn't receive this as of today. I strongly think that employer is playing some kind of game here. Lucky that I got a copy of the RFE. Also it stated very clearly that RFE must be responded in 30days or application may be rejected.

When I sent this letter to employer [lawyer]…they still doesn't want to respond unless then receive something from USCIS [very strange…]

My question:

I want to invoke AC21 with new employer. I don't have EAD. Can I transfer my H1B to new employer + send the RFE via new employer ?

Please let me know your thoughts / Suggestions.

Thanks
>> Can I transfer my H1B to new employer
Yes. AC-21 can be invoked using H1 as well.

>> send the RFE via new employer ?
File new G-28 and reply RFE thru new lawyer (or yourself).

Good Luck.


_______________
Not a legal advise.
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  #3 (permalink)  
Old 08-26-2008, 03:40 PM
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Default

1. Yes, you can transfer your H1 to new employer and file for AC21.

2. RFE for 485, unless the RFE pertains to employer / job related stuff, you should go ahead and respond to the RFE.

3. If the RFE relates to job / employer, it could become tricky if u go ahead and invoke AC21. You should consult a good lawyer (set up an appt with murthy or so) and then decide what your next step is!
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  #4 (permalink)  
Old 08-26-2008, 03:48 PM
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Default

RFE:

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

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"...

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

Please let me know
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  #5 (permalink)  
Old 08-26-2008, 03:54 PM
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Jul-06
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My Quick Suggestion is you are damn close to greencard. Try to convince your employer in all ways and ask him what will make him give that letter and just provide that dont do ac21 and all and put unnecessary query which might delay the whole thing and your case is very strong just 1 employer been in status all time etc. If your employer still doesnt agree i have another way which i can pm you will work also.
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  #6 (permalink)  
Old 08-26-2008, 04:09 PM
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Default

Quote:
Originally Posted by jingi1234 View Post
Hello Friends,


MY PD is Mar ,2005 and 140 is approved [6.5 months ago]. I-485 is pending for more than 180 days. I have receipt numbers for I-140 and I-485 [No paper works]. Employer didn't file EAD or AP [he thought I might escape]. I am with the employer for 4.5 years and ONE PROJECT. First H1B was from Oct 2004 to Oct 2007 and Second H1B is approved from Oct 2007 to Oct 2010.

I got an RFE for I485 on Aug 12 and my employer [lawyer] says that they didn't receive this as of today. I strongly think that employer is playing some kind of game here. Lucky that I got a copy of the RFE. Also it stated very clearly that RFE must be responded in 30days or application may be rejected.

When I sent this letter to employer [lawyer]…they still doesn't want to respond unless then receive something from USCIS [very strange…]

My question:

I want to invoke AC21 with new employer. I don't have EAD. Can I transfer my H1B to new employer + send the RFE via new employer ?

Please let me know your thoughts / Suggestions.

Thanks
You are confusing RFE with AC21. First, what they asked in RFE? Second 485 is your application. You yourself can reply to it, without lawyer or emolyer help. Replying to an RFE is no way related to AC21, unless if they ask for a latest emplyment verification letter. So dont dealy. reply to hte RFe with in the deadline.
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  #7 (permalink)  
Old 08-26-2008, 04:15 PM
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Mar-05
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default

Quote:
Originally Posted by Ramba View Post
You are confusing RFE with AC21. First, what they asked in RFE? Second 485 is your application. You yourself can reply to it, without lawyer or emolyer help. Replying to an RFE is no way related to AC21, unless if they ask for a latest emplyment verification letter. So dont dealy. reply to hte RFe with in the deadline.
USCIS needs latest employment letter [on the company letter head], + paystubs + W2s.

My employer will not give employment letter....

That is the reason I am considering AC21.
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  #8 (permalink)  
Old 08-26-2008, 04:15 PM
NKR NKR is offline
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Default

Quote:
Originally Posted by reddy2cool View Post
My Quick Suggestion is you are damn close to greencard. Try to convince your employer in all ways and ask him what will make him give that letter and just provide that dont do ac21 and all and put unnecessary query which might delay the whole thing and your case is very strong just 1 employer been in status all time etc. If your employer still doesnt agree i have another way which i can pm you will work also.
Well, he said that his employer did not want to apply EAD and AP for him though he has lend his a** for 4.5 years and not being on bench even for a single day. So what makes you think that his SOB employer will accede to his request now?.
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  #9 (permalink)  
Old 08-26-2008, 04:17 PM
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Default Agree with Ramba

Make sure you reply within the timeframe and move on. I dont think AC21 is sensible at this time.
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  #10 (permalink)  
Old 08-26-2008, 04:18 PM
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default

Quote:
Originally Posted by reddy2cool View Post
My Quick Suggestion is you are damn close to greencard. Try to convince your employer in all ways and ask him what will make him give that letter and just provide that dont do ac21 and all and put unnecessary query which might delay the whole thing and your case is very strong just 1 employer been in status all time etc. If your employer still doesnt agree i have another way which i can pm you will work also.
PM sent...please respond.
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  #11 (permalink)  
Old 08-26-2008, 04:37 PM
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Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by jingi1234 View Post
USCIS needs latest employment letter [on the company letter head], + paystubs + W2s.

My employer will not give employment letter....

That is the reason I am considering AC21.
Why does your employer is not willing to give a half page letter? What holds him? If you are employed for him, and he sponsered 140, now if he does not provide the letter, then it is something fishy. The letter can be very simple format like mortgage qualification letter. If he does not provide letter, (means theoritically) he has no job offer for you for the underlying 140. The next only optin is you have to find another employer who provides the similar job for you before the RFE deadline. In any case , you do not require to file a seperate AC21.
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  #12 (permalink)  
Old 08-26-2008, 04:50 PM
NKR NKR is offline
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Default

Quote:
Originally Posted by Ramba View Post
Why does your employer is not willing to give a half page letter? What holds him? If you are employed for him, and he sponsered 140, now if he does not provide the letter, then it is something fishy. The letter can be very simple format like mortgage qualification letter. If he does not provide letter, (means theoritically) he has no job offer for you for the underlying 140. The next only optin is you have to find another employer who provides the similar job for you before the RFE deadline. In any case , you do not require to file a seperate AC21.
Looks like you have been here for a long time, by now you should have known why bad desi employers sc*** employees…. I only hope that one day they will be forced to come out of their half a million dollar houses to an apartment and then onto streets.

I am sorry but when I hear that someone who has worked for 4 and half years without a single day on bench is being treated this way when his and his family’s future depends on GC I don’t know what else I could say.
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  #13 (permalink)  
Old 08-26-2008, 05:20 PM
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iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts iluvgc is infamous around these parts
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Quote:
Originally Posted by NKR View Post
Looks like you have been here for a long time, by now you should have known why bad desi employers sc*** employees…. I only hope that one day they will be forced to come out of their half a million dollar houses to an apartment and then onto streets.

I am sorry but when I hear that someone who has worked for 4 and half years without a single day on bench is being treated this way when his and his family’s future depends on GC I don’t know what else I could say.
all the desi employers shud s**k their d***s mfs everyone shud be dragged to the court.
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  #14 (permalink)  
Old 08-26-2008, 05:21 PM
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Default I feel sorry...

I can't believe your employer is treating you this way. It looks like you have known him better, so I wonder why you stayed with him for so long and take chances like this?

Anyway, your RFE is pretty straight forward and you are so close to getting your GC. Moreover, you need to respond to the RFE on time. So, don't even think of AC21/Change of employment options at this stage and you don't have time for that as well.

Consult a good immigration lawyer ASAP and see if there are any alternatives for employer letter, in cases where the employer refuse to issue.

I still can't believe why your employer refuse to give you the damn letter. They should give us the letter whenever we want, like the one I got recently for vistor visa and couple of months ago I got one for a loan.

He sucked your blood for almost 5 years and this what he give you in return.
I really hate these people.

BTW, did you ask you employer for the letter or you are just assuming that he will refuse?
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  #15 (permalink)  
Old 08-26-2008, 05:47 PM
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I think your employer does not like the fact that you are close to your GC. I am hearing a lot about how employers are behaving these days especially after July fiasco.

Respond to RFE using a new Attorney. Talk to popular Attorneys, they know how to deal with this. Keep all your paystubs.

The employer letter can be given by anyone in a responsible position in the company, so try to catch hold of someone who can help you.

Do not fight or aruge with your employer at all. Stay on top of it. I am sure it is going to work out for you.

Good luck
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