I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Q1. How soon can I leave my petitioning employer once I get my green card approval?
Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.
We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
It was a nice experience. The application was filed in a timely manner. The USCIS did not request any RFE and bottom line is that the lawyers got the work done.
Thank You Joy.
It was a very good experience working with Rajiv, whose office handled my green card application under Outstanding Researcher category. They did an excellent job in a very timely manner, and I got my I-140 followed by I-485 approval all within two and half years from LIN center. Thanks a lot to Diane, Prerna, and Suman.
I highly recommend them to anyone looking for immigration related services without any reservation.
A note: Prior to Rajiv I worked with a lawer representing my company and wasted lot of time.
Myself and my family got GC approved. My case had become bit complex due to my doctor's ignorance in preparing medical report properly.
Mr. Rajiv & his employees were very patient through the entire process and helped me through the approval process.
No need to say he is an expert in the Immigration & Naturalization affairs and best part of him I liked is: he is always reachable by email and also by telephone as and when needed without any waiting time!!!
Usually when we want to get some advice from an attorney or a doctor, first thing that comes to mind is they are not reachable without a formal appointment etc. Mr.Rajiv though he is so famous among immigration lawyers, he is still reachable at anytime as and when needed.
His employees were also very cordial and provided personal attention to my case.
In short, he saved my life here.
I would strongly refer him for any USCIS related work.
I have had a wonderful experience working with Rajiv and his team. I want to thank Anna Baker esp. for all her work.
If you are seeking for a some one to represent you I recommend Rajiv's firm with great enthusiasm.
Thanks Rajiv for being so kind and answering all my queries.
Best wishes and God's blessings on your firm.
J.E. Dodla
I arrived at the Garden City DO at approximately 10:15 this morning. My interview was scheduled for 11:25, so I decided to try my luck and see if the security guards would allow me to get in early. They politely told me to come back at 11:00, so I dropped my fiancee off at Bloomingdale's at the Roosevelt Field Mall and drove back to the parking lot at 711 Stewart Avenue. I should mention that there is plenty of free parking available, so don't worry about where you can leave your vehicle.
Q. How soon can I leave my petitioning employer once I get my green card approval?
We are delighted to share that my wife and me both got the green card in the mail.
Once again thanks a zillion times from bottom of our hearts for Rajiv and his teams support and help during this long and painful process.Initially our case was handled by various other team members but lately our case was assigned to Mathew and Rita.I would like to sincerely thank Mathew,Rita and Pramita (our earlier case manager) for their support and help.All the team members were professional, courteous,prompt,patiently answered all our questions and helpful which makes ton of a difference.We didn't get an even single RFE.
May god bless you all for doing such an excellent job.Keep up the good work.
Our case was filed in August 2004 in EB2 category.Later it was transferred to Dallas BackLog Center.After 3 years in 2007 our first stage(Labor) was approved and just in time for July'07 fiasco filing.Rajiv asked us to be prepare with all the documentation for 140&485 concurrent filing during turmoil period.There was lot of uncertainty, chaos due to July/August 2007 Visa Bulletin.During that crisis time Rajiv and his team not only guided us very well but also came up with an innovative idea of opening up a new web site exclusively for their customers to share the information and to answers all our concerns. Rajiv and his team is very particular and prompt in answering all the questions via above mentioned web site.It provided lot of update and information about how the team was handling such crisis situations and also helped us better understanding the BIG picture.
Based on our personal experience for the past 4 years+ I would highly recommend Rajiv and his team for any immigration needs.