Question details
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 How do we know whether they have withdrawn GC process or not?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
My wife H4 was expired and we realized about it one year after it has been expired. This has happened because my previous employer filed just my H1 and they never filed H4 for my wife. After realizing the situation my current employer filed through our company lawyer and H4 was denied. I have been looking around for another lawyer, who had success in handling this kind of case. I didn't find one single lawyer who can assure me of fixing my wife visa or who had success in the past. I sent an e.mail to Rajiv and surprisingly I got call from him the very next day and he told me about the success they had in the previous cases. We filed for my wife H4 along with my 7th year extension. Miraculously her H4 was approved by CIS. This has just happened definitely because of the excellent background work done by Rajiv and his team. The timely response from Rajiv,Jitesh,Ursula,Anna & Seth is extremely impressive. I recommend anybody to deal your immigration issue with Rajiv and his team. These guys are just awesome. Overall I am very happy that we chose Rajiv firm.