Employers, EVLs, etc... [Archive] - Q's Immigration Blog

familyguy

11-08-2011, 10:24 AM

qblog, sorry to hear that your company may get closed... if they close i think you might have to restart the entire process... if they close after 6 months from receit date then its a different story...

VB is not released and it's a torture for the guys with PD earlier than April 2008.

My company is failing and may get closed by the end of this year! this stupid system is killing me!

qblogfan

11-08-2011, 11:13 AM

I am not goint to restart the whole process and get humiliated again! This shit system is enough for me!

qblog, sorry to hear that your company may get closed... if they close i think you might have to restart the entire process... if they close after 6 months from receit date then its a different story...

qesehmk

11-08-2011, 11:18 AM

whats your PD qbf?

Sorry to hear. But hopefully you will get through.

I am not goint to restart the whole process and get humiliated again! This shit system is enough for me!

qblogfan

11-08-2011, 11:23 AM

Eb2_Dec07

11-08-2011, 11:30 AM

QBF , you don't need an advise from me , but use whatever trick you have in your book of tact and get him to file for your 485 . You might think that you didn't do "shit" but I'm sure they surely have gotten some value out of you no matter how passive one might be . Please keep it close and tight and I sincerely hope that you get through . Best :-)

My PD is 1/22/2008.

My company is failing and also the CEO was never nice to me. He delayed my process for 2 years and now I am not sure whether he wants to file 485 or not because he used me and now it's time to dump me. But he didn't know I didn't do shit for this company after 2007.

qblogfan

11-08-2011, 11:38 AM

Thank you!!!!

The thing is that the project I run is almost game over. My client is looking for another vendor to provide the same service. I don't have any edge any more. The CEO is not nice and very mean! I don't have any value to them any more. I worked in this shit company for 7 years and got enough humiliation already! If they don't file 485 when I am current, I may have to leave. I am not going to kneel down to beg him!

GC process is full of humiliation if the applicant works for a mean employer!

QBF , you don't need an advise from me , but use whatever trick you have in your book of tact and get him to file for your 485 . You might think that you didn't do "shit" but I'm sure they surely have gotten some value out of you no matter how passive one might be . Please keep it close and tight and I sincerely hope that you get through . Best :-)

ragx08

11-08-2011, 11:42 AM

QBF , you don't need an advise from me , but use whatever trick you have in your book of tact and get him to file for your 485 . You might think that you didn't do "shit" but I'm sure they surely have gotten some value out of you no matter how passive one might be . Please keep it close and tight and I sincerely hope that you get through . Best :-)

qbf,

Sorry to hear about your situation. In case you PD becomes current (almost certain) in this VB, then why do you want to wait for your employer to file your I-485? You can do it yourself and have complete control over it - right?

If I can 'buy' happyness/peace of mind, I'll go for it without a second thought... my 2 cents.

qblogfan

11-08-2011, 11:43 AM

The employer does not provide employment verification letter and they don't allow me to file on my own.

qbf,

Sorry to hear about your situation. In case you PD becomes current (almost certain) in this VB, then why do you want to wait for your employer to file your I-485? You can do it yourself and have complete control over it - right?

If I can 'buy' happyness/peace of mind, I'll go for it without a second thought... my 2 cents.

ragx08

11-08-2011, 11:52 AM

The employer does not provide employment verification letter and they don't allow me to file on my own.

Hate to see all this going down the drain after 7yrs of slavery! But friend - don't let this happen. Look at the brighter side and do what you can to get out of this situation. You sound very depressed - please cheer up. You will definitely find a way out!

TeddyKoochu

11-08-2011, 11:58 AM

My PD is 1/22/2008.

My company is failing and also the CEO was never nice to me. He delayed my process for 2 years and now I am not sure whether he wants to file 485 or not because he used me and now it's time to dump me. But he didn't know I didn't do shit for this company after 2007.

As per my attorney EVL is not required for 485 filing if you can provide recent paystubs and tax returns to show that you are still working with the petitioning employer. He told me that USCIS will refer to the EVL sent at the time of I140 and they connect the I140 and I485 using the I140 approval notice and the A# on it. So if you can file before you are terminated from the current job you should be ok and then pray that you can hold on for sometime till you get approved. I would pray for you my friend that your job continues. All the best to everyone for the VB for these very reasons it is important that people can file 485 sooner.

The employer has no say on filing 485; the only way they can interfere is by revoking 140 even in that case the PD and the category are yours forever. Only you sign on all the forms for 485 no employer signature is required, however the goodwill intention of future employment should be there.

asankaran

11-08-2011, 12:01 PM

That's good to know, Teddy. You guys rock!!

As per my attorney EVL is not required for 485 filing if you can provide recent paystubs and tax returns to show that you are still working with the petitioning employer. He told me that USCIS will refer to the EVL sent at the time of I140 and they connect the I140 and I485 using the I140 approval notice and the A# on it. So if you can file before you are terminated from the current job you should be ok and then pray that you can hold on for sometime till you get approved. I would pray for you my friend that your job continues. All the best to everyone for the VB for these very reasons it is important that people can file 485 sooner.

The employer has no say on filing 485; the only way they can interfere is by revoking 140 even in that case the PD and the category are yours forever. Only you sign on all the forms for 485 no employer signature is required, however the goodwill intention of future employment should be there.

baba2s

11-08-2011, 12:01 PM

The employer does not provide employment verification letter and they don't allow me to file on my own.
Hey just file the I-485 without EVL, this way you will buy 3-6 months to get another job and retain your PD, hoping that you have your I-140 approval copy.
My old company lawyer used to file our (me/ my friend's) EB2 485 without EVL.. that will trigger an RFE after 5 months . Many time this RFE is the final RFE and you don't have to worry about another. ( my case was also filed without EVL).

familyguy

11-08-2011, 12:03 PM

Teddy,
Your attorney is wrong, I guess... . EVL is a must...

see this... page 4
http://www.uscis.gov/files/form/i-485instr.pdf

As per my attorney EVL is not required for 485 filing if you can provide recent paystubs and tax returns to show that you are still working with the petitioning employer. He told me that USCIS will refer to the EVL sent at the time of I140 and they connect the I140 and I485 using the I140 approval notice and the A# on it. So if you can file before you are terminated from the current job you should be ok and then pray that you can hold on for sometime till you get approved. I would pray for you my friend that your job continues. All the best to everyone for the VB for these very reasons it is important that people can file 485 sooner.

The employer has no say on filing 485; the only way they can interfere is by revoking 140 even in that case the PD and the category are yours forever. Only you sign on all the forms for 485 no employer signature is required, however the goodwill intention of future employment should be there.

Stemcell

11-08-2011, 12:04 PM

The employer does not provide employment verification letter and they don't allow me to file on my own.

Qblogfan,

I can feel your pain and although you feel that way i have something to say.

In the great game of chess most times when you are in a losing position you can play 'emotionally' and resign (lose the game) or chose to play 'accurately' and get away with a draw ( better than losing).
Please go over your situation and play 'accurately' and not emotionally which always gives a poor outcome.
Take care.

qblogfan

11-08-2011, 12:10 PM

Teddy, thank you very much for your information. The employer does not provide I140 copy. I requested from the FOIA and got the package of I140. This package includes all the details documents, also the Alien number, but it didn't have a copy of I797 of I140, only the details documents. The evil employer does not provide the I 797 of I 140.

My lesson is that working for a mean employer is too difficult and too much humiliation. After working as a slave for 7 years, finally it may end up a waste of time. It's too much sadness working for this company. After two weeks, I will know whether the company will continue or not.

As per my attorney EVL is not required for 485 filing if you can provide recent paystubs and tax returns to show that you are still working with the petitioning employer. He told me that USCIS will refer to the EVL sent at the time of I140 and they connect the I140 and I485 using the I140 approval notice and the A# on it. So if you can file before you are terminated from the current job you should be ok and then pray that you can hold on for sometime till you get approved. I would pray for you my friend that your job continues. All the best to everyone for the VB for these very reasons it is important that people can file 485 sooner.

The employer has no say on filing 485; the only way they can interfere is by revoking 140 even in that case the PD and the category are yours forever. Only you sign on all the forms for 485 no employer signature is required, however the goodwill intention of future employment should be there.

baba2s

11-08-2011, 12:12 PM

gc0907

11-08-2011, 12:12 PM

Have you considered finding a new employer who can file a GC for you. May be you will have to pay for the process.

Thank you!!!!

The thing is that the project I run is almost game over. My client is looking for another vendor to provide the same service. I don't have any edge any more. The CEO is not nice and very mean! I don't have any value to them any more. I worked in this shit company for 7 years and got enough humiliation already! If they don't file 485 when I am current, I may have to leave. I am not going to kneel down to beg him!

GC process is full of humiliation if the applicant works for a mean employer!

TeddyKoochu

11-08-2011, 12:19 PM

Teddy,
Your attorney is wrong, I guess... . EVL is a must...

see this... page 4
http://www.uscis.gov/files/form/i-485instr.pdf

Agree EVL and Medical are must , but you still can apply 485 without them and a sure RFE after few months

Thanks I just read that section, they reused the letter given at the I140 stage along with the paystubs, w2 and tax returns. Looks like attorneys are working differently. I just hope I don't get an RFE for this, I do know of others who have done the same. In my case I have been working with the same company ever since I started on H1B in USA and the same attorney has filed my labor & 140. Here is what he said.
“We do not need any letter from the company at this stage. They have already given a letter at the I-140 stage. Now your W-2 and pay stubs are sufficient. Therefore, we have already filed your case.”

TeddyKoochu

11-08-2011, 12:24 PM

Reader

11-08-2011, 12:30 PM

Even my attorney's checklist for 485 does not include the EVL and when I asked the attorney, he said that he will get it from the employer if he needs it. I am wondering whether I should request a copy of EVL from my employer and include in the list of docuements that I will be sending to the attorney. On another note, my checklist requests copies of w2, tax returns and bank statments.

Thanks I just read that section, they reused the letter given at the I140 stage along with the paystubs, w2 and tax returns. Looks like attorneys are working differently. I just hope I don't get an RFE for this, I do know of others who have done the same. In my case I have been working with the same company ever since I started on H1B in USA and the same attorney has filed my labor & 140.

sandeep11

11-08-2011, 12:31 PM

Teddy, I guess your attorney is wrong. EVL is requirement as mentioned in the I-485 requirement list as per USCIS. They don't mention about pay stubs, w2 or tax returns which are optional.

EDIT: Teddy please ignore as there were other responses to your post.

As per my attorney EVL is not required for 485 filing if you can provide recent paystubs and tax returns to show that you are still working with the petitioning employer. He told me that USCIS will refer to the EVL sent at the time of I140 and they connect the I140 and I485 using the I140 approval notice and the A# on it. So if you can file before you are terminated from the current job you should be ok and then pray that you can hold on for sometime till you get approved. I would pray for you my friend that your job continues. All the best to everyone for the VB for these very reasons it is important that people can file 485 sooner.

The employer has no say on filing 485; the only way they can interfere is by revoking 140 even in that case the PD and the category are yours forever. Only you sign on all the forms for 485 no employer signature is required, however the goodwill intention of future employment should be there.

ragx08

11-08-2011, 12:34 PM

Don't worry my friend, in every situation there is a way out always. Even in the worst case scenario you can retain your PD and category only thing is that you will have to go through labor and 140 again. These days labor approvals are coming by in 2-3 months, pre process is taking 4-5 months and I140 you can file in premium. In the best case your company won't close down and all will be well.

I had to go thru this process (of reapplying PERM & I-140) and got thru it within 6 months. It is not such a big deal. In the worst case, you can find a good employer and make a good start.

cbpds1

11-08-2011, 12:38 PM

good insight !!

Qblogfan,

I can feel your pain and although you feel that way i have something to say.

In the great game of chess most times when you are in a losing position you can play 'emotionally' and resign (lose the game) or chose to play 'accurately' and get away with a draw ( better than losing).
Please go over your situation and play 'accurately' and not emotionally which always gives a poor outcome.
Take care.

qblogfan

11-08-2011, 12:47 PM

Thanks guys!

I am just too tired of the micro management style in the small companies. Also their strategy of using GC to slave H1B workers. If I find another job, it might be similar experience. I may just go home and have an easier life.

My company asks people to report work progress everyday and everyday we have to write a half page long report. It's so much bull shit and they always push people to produce more and want to get every drop of juice from workers. Whenver I ask them to move forward on GC, they always postpone it and my PERM was delayed for 2 years. Whenver they ask me to do a project, they want me to finish in 1 day. It's so much humiliation and insulting exprience. I hope not every employer is the same. I only worked for this company in the US and have no experience with other employers. It's a horrible experience!

I had to go thru this process (of reapplying PERM & I-140) and got thru it within 6 months. It is not such a big deal. In the worst case, you can find a good employer and make a good start.

TeddyKoochu

11-08-2011, 01:04 PM

Thanks baba2s, familyguy, reader, sandeep11 for your valuable inputs. My attorney did tell me that they will be creating a covering letter and other things along with the forms that I and my wife signed, hopefully there should be an explanation there that he old EVL is being provided. He said exactly as posted by Reader. In the worst case I guess I will get an RFE my employer should provide the EVL without any issues, I have been working with them as a consultant (cash printing machine) for the last 5 years. Thanks again to all of you for your insights.

Even my attorney's checklist for 485 does not include the EVL and when I asked the attorney, he said that he will get it from the employer if he needs it. I am wondering whether I should request a copy of EVL from my employer and include in the list of docuements that I will be sending to the attorney. On another note, my checklist requests copies of w2, tax returns and bank statments.

AT2011

11-08-2011, 01:41 PM

Qblogfan:
I am a newbie on this site but have been going through all the posts for a couple of days. I wish I had started looking at this amazing forum few years earlier but anyways... I can understand your pain dude but hang in there...You are too close to giveup now. you have my best wishes !!!

qblogfan

11-08-2011, 01:44 PM

Thanks for the wishes from my friends!

I will keep you guys posted about the progress. The client will interview my boss and the CEO next week and we will hear their final decision in two weeks or so. I hope they will not close down too quickly.

Qblogfan:
I am a newbie on this site but have been going through all the posts for a couple of days. I wish I had started looking at this amazing forum few years earlier but anyways... I can understand your pain dude but hang in there...You are too close to giveup now. you have my best wishes !!!

srimurthy

11-08-2011, 02:51 PM

qBlogfan - our wishes are with you and I was about to reply back that in case the Client takes over your existing compnay... the successor-in-interest may apply for you.

Also for Reader's response the specifics are better answered by a Lawyer unless someone had a similar situation and share it I guess.

Thanks for the wishes from my friends!

I will keep you guys posted about the progress. The client will interview my boss and the CEO next week and we will hear their final decision in two weeks or so. I hope they will not close down too quickly.

Can some one please answer this scenario? If my company merges with another company after 180 days of filing my 485, can I continue to work for the same employer in the same role using AC21 provision, without having to do 140 successor-in-interest?

leo07

11-08-2011, 03:23 PM

I have been through that experience. Trust me, every company is not like that. There are some very good companies that I worked for who put employees first.

Thanks guys!

I am just too tired of the micro management style in the small companies. Also their strategy of using GC to slave H1B workers. If I find another job, it might be similar experience. I may just go home and have an easier life.

My company asks people to report work progress everyday and everyday we have to write a half page long report. It's so much bull shit and they always push people to produce more and want to get every drop of juice from workers. Whenver I ask them to move forward on GC, they always postpone it and my PERM was delayed for 2 years. Whenver they ask me to do a project, they want me to finish in 1 day. It's so much humiliation and insulting exprience. I hope not every employer is the same. I only worked for this company in the US and have no experience with other employers. It's a horrible experience!