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  • Uregent Help

    I Have Came here on visitor visa. I have filed for green card on labour subtitution. I got EAD card approval on 31st oct 2007. I have given figerprints for green card on 8 dec 07. I have not received greencard yet. Now my employer harshing me like any thing. I am tired of him. I want to change my job can I do? he is thretaning me that he is going to cancel my EAD so my point is can he can cancel that? is there any time limit after that he cannot cancel? he has paid me salary also and it reflect in payroll also. I am worried because I have not received green card. advise me! I have filed I485. On October 24, 2007, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. my questions are:

    1.can I change my employer?
    2.can he cancel my (EAD)?(my original employer!)
    3.what will happen to my greencard application?

    pls. advise me I will be highly oblige.

  • #2
    Do you have H1b visa? How did you submit labor substitution?

    OK, If you have H1b and applied for i140 via labor substitution, you need to stick to that employer until i140 is approved.

    Further you need to work for that employer for 180 days from the receipt date of your i485. You can leave that employer and join another employer provided your i140 is approved before this 180 day period, else you need to wait until your i140 is approved even after 180 days.

    Once i140 is approved and you completed 180 days after i485 receipt date with that employer you can leave and join another. Make sure you keep all the paystubs to prove you worked there for 180 days.

    Till then make peace with your current employer and stay there for 180 days and i140.



    Note: I am not a lawyer, it is just my understanding of the GC process.

    Comment


    • #3
      Thank you.

      Originally posted by randy_gc
      Do you have H1b visa? How did you submit labor substitution?

      OK, If you have H1b and applied for i140 via labor substitution, you need to stick to that employer until i140 is approved.

      Further you need to work for that employer for 180 days from the receipt date of your i485. You can leave that employer and join another employer provided your i140 is approved before this 180 day period, else you need to wait until your i140 is approved even after 180 days.

      Once i140 is approved and you completed 180 days after i485 receipt date with that employer you can leave and join another. Make sure you keep all the paystubs to prove you worked there for 180 days.

      Till then make peace with your current employer and stay there for 180 days and i140.



      Note: I am not a lawyer, it is just my understanding of the GC process.
      No I don't have H1b . after comming on visitor visa here I got employer who has already approved labour. I had same experince which he needs. after taking my interview and expreince letter he filed for my EAD and I140 and also at the time he filed I485 . Right now I Have approved EAD and SSN.now my point is Which date count? A day when govt. got my application or receipt notice date? so I can count 180 days. pls. give me advise! Thank you for your reply.

      Comment


      • #4
        If you are too desperate then consult a competent lawyer (not the cheapest one). It may cost $200 per hour, but you will understand your options, don't hide any thing from lawyer.

        First of all make peace with your employer ....

        Comment


        • #5
          Thank You

          Originally posted by randy_gc
          If you are too desperate then consult a competent lawyer (not the cheapest one). It may cost $200 per hour, but you will understand your options, don't hide any thing from lawyer.

          First of all make peace with your employer ....
          Yes! you are right! I will make peace with my employer and consult Lawyer. in the meanwhile if you find any information that is helpful to me than send to me. once again thanking you.

          Comment


          • #6
            Originally posted by TEJAS
            No I don't have H1b . after comming on visitor visa here I got employer who has already approved labour. I had same experince which he needs. after taking my interview and expreince letter he filed for my EAD and I140 and also at the time he filed I485 . Right now I Have approved EAD and SSN.now my point is Which date count? A day when govt. got my application or receipt notice date? so I can count 180 days. pls. give me advise! Thank you for your reply.
            changing employer 180 days count from receipt date of I485

            Comment


            • #7
              Thank you.

              Originally posted by claud06
              changing employer 180 days count from receipt date of I485
              Thank you for reply. If I change employer than what will my status of I140?because my I140 is not yet approved!. if I got new employer with my same experince than no problem? if my original employer revoke my I140 after getting new employer what will my legal status? pls! help me out, because I am not happy with my employer.

              Comment


              • #8
                If you paid for the filing fees with a check you can check with your bank, the USCIS case number will be printed on the back of the check, with that case number you can get on USICS online and track your case.
                Many Banks now days allow you to see the checks online through their websites. That was the way I got mine numbers.
                My case took 6 months from H1B to GC AOS.

                Good Luck, and try to make peaces with your current employer, sometimes is better to lower you head for a while until you are secure. Not all employers sponsor, so consider yourself a lucky person.

                Comment


                • #9
                  Hi TEJAS

                  If you contacted attorney, could you please share his feedback with the forum.

                  Comment


                  • #10
                    hi!!

                    Originally posted by randy_gc
                    Hi TEJAS

                    If you contacted attorney, could you please share his feedback with the forum.
                    I am waiting for I140 approval. after approval I will contact attorny.sure! I will share feedback with forum.

                    further, how can I track I140 process? I don't have I140 receipt number? my employer's attorney told me that she will inform me of approval but my point is will she?

                    can you advise me that how to get all papers from employer or his attorney?

                    Thank you for your response.

                    Comment


                    • #11
                      How is your visitor visa?

                      Is your visa B2
                      Is your visitor visa already expire?did you file in july and August 2007 when visa number was avaiable till 17 August2007
                      When you answer me ,i will tell you what,s in my mind about your case,because i think we have the same situation.The only diference between me and you is labor certificate.I got mine but not by substutition like you.
                      Waiting for your reply.
                      Last edited by zidan; 04-09-2008, 12:18 AM.

                      Comment


                      • #12
                        How is your visitor visa?

                        Is your visa B2
                        Is your visitor visa alredy expire?
                        When you answer me ,i will tell you what,s in my mind about your case,because i think we have the same situation.The only diference between me and you is labour certificate.I got mine but not by substutition like you.
                        Waiting for your reply.

                        Comment


                        • #13
                          Originally posted by zidan
                          Is your visa B2
                          Is your visitor visa already expire?did you file in july and August 2007 when visa number was avaiable till 17 August2007
                          When you answer me ,i will tell you what,s in my mind about your case,because i think we have the same situation.The only diference between me and you is labor certificate.I got mine but not by substutition like you.
                          Waiting for your reply.
                          Yes, my B2 visa already expired. my B2 visa expired on 28th Feb 08.yes I have filed before 17 th august. I have got my EAD and SSN. I have given fingerprints also.

                          Comment


                          • #14
                            Originally posted by zidan
                            Is your visa B2
                            Is your visitor visa alredy expire?
                            When you answer me ,i will tell you what,s in my mind about your case,because i think we have the same situation.The only diference between me and you is labour certificate.I got mine but not by substutition like you.
                            Waiting for your reply.
                            Yes. pls. reply me.before my B2 visa expired I got EAD and SSN. for I140 and I485 it is already more than 180 days. thanking you for your response.

                            Comment


                            • #15
                              I came just like you in a visitor visa B2 ,but it's expired long time ago.
                              After getting my labor certificate in march 2007 with an employer who needs my work experience as an Auto electrecian,i filed for I-765 ,I-140,I485 in 27 july 2007 (I-140 and I485 are concurently filling).
                              I got all the receipts in 19 september 2007.
                              finguer print was done in 18 october 2007.
                              My I-140 and I-485 are still pending .
                              The question now is :Is it ok for some one who came here on a visitor visa(already expire) to apply for I-485.My lowyer siad it's ok .An other lowyer , before i got receipts and before finguer print was done ,said it's not ok.
                              Now when i got all receipts and when finguer print was done,i got some hope,but not certainly.

                              Comment

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