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I lost the hope of GC after working 10 years in US because my GC is not approving.

Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.

(Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya

Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.

Cant i use the I 94 attached to my 797 document.Will it not solve my problem.

Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.

Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.

Initially I paid all the fees for I-485 and EAD filing. Now I need to renew my EAD, who should pay renewal fees [Employee or Employer]. Employer paid for H1B expired in March'08. Current EAD will expire in Sep' 08.:)

Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.

My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.

1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?

No Safe as he will be questioned at port of entry

2)Will there be questions at the port of entry ?

A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?

Yes.. He may not not reenter US for next 10 Yrs.

I am Immigration Lawyer.Better Talk to the Attorney.

You probably meant to say that you are NOT an immigration lawyer. Correct?

Why dont we take voting for name change and see what % of members will opt for the change.

bump

Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.

To give you an example, consider the following:

1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.

Hope this helps.

Decoupling H1B and H-4 Time ?


RIP 'Labor Substitution' is the best thing happened ever happened so far!!!

jack_suv, nice post and a good start.

I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)

Morning business @ 2:30 p.m. ??

Mourning business ?

You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.

On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.

I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.


You are right but the same condition exists for filing I-485.
If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!

I think someone should make a Pwnd smilie...

and by the way Templarian Kalamazoo isn't too far away, I live there.

Can pls add poll to this by month. We atleast know 3 cases..

How will the new bill affect the I-485 processing time?

Does anyone know the minimum and maximum times required for I-485 processing?

What type of factors delay the I-485 processing?

Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

Thank you in advance for your information.

Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...

Focus on your goal. Emotions may not take you there.

If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

It is your choice. And yes you can file legal case against law firm. But then what?

Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.

You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.

Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006

New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.

You guys are wrong.

1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.

Read the last paragraph here:

http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

a1b2c3....hang in there.....Sept might bring more good news.......

Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)