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  • My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.

    It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.

    It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.

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  • I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.

    Doesn't matter. You interfile based on priority date and once a 14 0 is approved, your PD remains yours - even if it is revoked later.

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  • Thanks lazysis.... your confidence is boosting my confidence too :-)

    JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?

    After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:

    here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:

    In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."

    Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!

    Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...

    By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.

    Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!

    my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.

    THE END!!

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  • Some people die at twenty five and aren't buried until they are seventy five.
    :)... I like that :)... Very poetic too :) Good one !

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  • I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.

    I am intrested in knowing if you have received FP notice.

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  • I think you are right. EB3 india might be stuck for very long time. Remember all the 2001 DOL backlog cases from NY, NJ and CA? And how long BEC took to clear them? They are all waiting to get into the EB queue.

    In the previous month, EB3-INDIA date was April22nd,2001. Now it moved to May8th2001. Now, the people with PD's from April22rd2001 to May7th2001 are eligible to apply or ready for adjudication of 485. That means, probably, there are lot of 485(245i) cases to be adjudicated? What do you all think?


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  • After listening to horrible stories from fellow desi's about Desi consultant companies on how they creating troubles i have created a new site where you guys can post about both good and bad companies which could be usefull to thousands of desi's look at www.desiopinions.com this site is a place where you can freely express your opinions not only about consultant companies but also like apartments training places and many more categories ...if u guys think i am doing some kind of advertising then please ignore this post

    Mods - if u feel this post inappropriate you can feel free to delete

    A fellow Desi

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  • Done

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  • voting ended, thread died :-\

    what gives??

    oh, Soul, thx for the battle ;)

    it was scary in the end...

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  • Pappu,

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    I agree.
    Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
    Green card holders do not even want to be friends with H1B.
    H1B do not want to be friends with F1.

    H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.

    Green card IV members do not even want to come back here.

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  • Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485

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  • You and I have identical PDs.

    Maybe you should get all that have similar PDs as you to do some campaign on IV. Tracking will not get a GC any faster. I believe time can be better spent by doing something together.

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  • Dude,
    Be specific and say that your PD is current, I was wondering when EB2 India become current.

    Yes, You are right. I should have written "Since EB2-India current PD period is December 2003"

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  • Hi ivy55 and anyone else waiting for people to join them, please do not wait for people to meet the law makers. Go ahead and schedule your appointments and if no one responds, please go alone.


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  • PERM started after March 29 2005. I had file before that because of my 6 yrs H1b Limit.

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  • Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?

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  • I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also.

    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you

    i would especially like to address the gentle member above.
    dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.

    please let me know which moderator (and when) has been pushy and abusive.
    please choose your words carefully.

    remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?

    as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.

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  • You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

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  • I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?

    but for safer side try to work for 6 months .


    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

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