shana04
02-12 06:32 PM
USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
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sina
12-20 01:32 PM
No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
new_gc
01-28 02:16 PM
letters sent both from me and spouse to WH and Iv.....convinced friends to do the same...15 of them(includin their spouses)
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lord_labaku
07-25 12:41 PM
You are suffering from a form of COLTS disease. It is a man made disease affecting potential immigrants to the US, usually for those whose cases are pending at USCIS. This was not one of the diseases screened at Ellis Island in New York. This disease developed only recently. Search this forum if you want more info on this disease, symptoms.
Effective symptomatic remedies include abstaining from reading immigration related forums, pursuing interesting hobbies & diverting mind to other relaxing activities.
Effective symptomatic remedies include abstaining from reading immigration related forums, pursuing interesting hobbies & diverting mind to other relaxing activities.
more...
gc_buddy
07-27 01:37 PM
E-filed EAD on : 06/19
Reciepts recd on 06/26
Finger print recd on 07/01 for date of 07/11
Card Production Ordered status : 07/25
Awaiting the EAD card..
Reciepts recd on 06/26
Finger print recd on 07/01 for date of 07/11
Card Production Ordered status : 07/25
Awaiting the EAD card..
lazycis
12-18 02:21 PM
Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
more...
arihant
06-19 03:37 PM
when did you file your 485?
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
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anilsal
01-18 03:56 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
Anybody can write letters. It does not have to be the affected alone. Friends, colleagues, US citizens, relatives.
Anybody can write letters. It does not have to be the affected alone. Friends, colleagues, US citizens, relatives.
more...
gc_check
06-27 08:17 AM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Dude, From your previous posts looks like you have already filed and got your receipt notice.
http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
http://immigrationvoice.org/forum/showthread.php?p=80880#post80880
Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.
What is goin on with you ?
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franklin
04-17 07:52 PM
I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..
It does sound promising, unless you are still stuck in the BECs... Then, not so
It does sound promising, unless you are still stuck in the BECs... Then, not so
more...
cjagtap
08-01 12:12 PM
great let me know once you see any activity..my 140 too was approved from TSC,how bout u?
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bhootnath
06-19 02:42 PM
Got approved today...
EB3/NSC/INDIA
PD 09/2002
RD 05/2003
EB3/NSC/INDIA
PD 09/2002
RD 05/2003
more...
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vphope
07-13 04:33 PM
Congratulations !
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
CONGRATS dineshksharma , great story to be told. good idea Keeme..
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
CONGRATS dineshksharma , great story to be told. good idea Keeme..
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hopefull
07-06 04:52 PM
I wonder where you work and which country you live :confused:
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
more...
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redcard
09-15 08:34 AM
What kind of job is that that pays $$$ an hour? LOBBYING ? :)
working for Halliburton ?? or being an immigration advisor :)
working for Halliburton ?? or being an immigration advisor :)
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MerciesOfInjustices
02-20 09:11 PM
Here is the deal. I am tired of people afraid of doing something about what they wish to do but are afraid for reasons they themselves dont know. And I am not sure I am alone here and many people share this frustration.
The issue of legality has been addressed 100 millino times here as well as on the immigration portal of Rajiv Khanna. The people whose names exist on legal documents to register this organization, to open the paypal account where the money is going, the contracts and legal documents signed with QGA are real humans with names, drivers license, H1B visas and jobs and families.
Do you think they would be stupid to start an organization that would do anything illegal and hurt their own chances of getting a greencard?
Use your common sense and you will find the answers. This organization is not an underground website. This organization, besides having a website is registered with directors, president, secretary, treasurer etc as a real org in the state of new jersey and those people who put their names down on Organization registration, Paypal account, contract with Quinn Gillespie etc. do want a greencard and dont want to go to jail or be deported or be denied a greencard and they are not stupid. The names and emails may be made public really soon but I cannot promise anything now.
Still, if you are afraid, then my sincere advise and request to you is Go home and hide under your blanket and be afraid of everything and work 60 hours a week and you will get your greencard in 3-4 years time anyways.
Thanks for scaring 100s of more people again.
--logiclife.
I got some answers from your post!
But, you are carrying a lot of responsibility and must mantain your cool at all times now! Taunting people does not further any cause at all!
I thank you for your time, but shouldn't somebody in the know counter the negative propaganda at the other website for the fence-sitters!
I am not a fence-sitter, and will never be deterred by stupid taunts - but there are others who are not as committed!
The issue of legality has been addressed 100 millino times here as well as on the immigration portal of Rajiv Khanna. The people whose names exist on legal documents to register this organization, to open the paypal account where the money is going, the contracts and legal documents signed with QGA are real humans with names, drivers license, H1B visas and jobs and families.
Do you think they would be stupid to start an organization that would do anything illegal and hurt their own chances of getting a greencard?
Use your common sense and you will find the answers. This organization is not an underground website. This organization, besides having a website is registered with directors, president, secretary, treasurer etc as a real org in the state of new jersey and those people who put their names down on Organization registration, Paypal account, contract with Quinn Gillespie etc. do want a greencard and dont want to go to jail or be deported or be denied a greencard and they are not stupid. The names and emails may be made public really soon but I cannot promise anything now.
Still, if you are afraid, then my sincere advise and request to you is Go home and hide under your blanket and be afraid of everything and work 60 hours a week and you will get your greencard in 3-4 years time anyways.
Thanks for scaring 100s of more people again.
--logiclife.
I got some answers from your post!
But, you are carrying a lot of responsibility and must mantain your cool at all times now! Taunting people does not further any cause at all!
I thank you for your time, but shouldn't somebody in the know counter the negative propaganda at the other website for the fence-sitters!
I am not a fence-sitter, and will never be deterred by stupid taunts - but there are others who are not as committed!
more...
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GCA
05-15 01:39 PM
That was a great post from "snathan" and a very touching one as well. Thanks dude.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
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eb3India
04-13 05:06 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
whattodo
07-27 02:14 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
Hope this helps
Thanks
If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.
senthil1
06-20 02:23 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
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