madrasy

Hi,

I am writing this e-mail on behalf of my friend, who is in a situation
and needs some advise. Here is his situation.

My friend is here on a H1B, working as a software consultant and is
doing his greencard thru his employer(bodyshopper) in EB3. About a
month back he was told that his I-140 is approved. His employer now
tells him that, he will not file his I-485. His contract at the
present client site will be getting over in about a week and his
employer has told him that he will be laid off, if he comes to bench.
He is unable to apply for I-485 himself as his emplyer is neither
willing to provide him a copy of the I-140 reciept nor with the I140
reciept#. Here is my question to you guys...

Is there any provision in the law that will allow him to file his
I-485 without the I-140 reciept ? Is there any way to track down the
I-140 reciept number ? Is there any other way he can apply for i-485.

-Madrasy

Ingo Pakleppa

On Thu, 07 Nov 2002 12:31:41 -0800, madrasy wrote:

    > Hi,
    >
    > I am writing this e-mail on behalf of my friend, who is in a situation
    > and needs some advise. Here is his situation.
    >
    > My friend is here on a H1B, working as a software consultant and is
    > doing his greencard thru his employer(bodyshopper) in EB3. About a month
    > back he was told that his I-140 is approved. His employer now tells him
    > that, he will not file his I-485. His contract at the present client
    > site will be getting over in about a week and his employer has told him
    > that he will be laid off, if he comes to bench. He is unable to apply
    > for I-485 himself as his emplyer is neither willing to provide him a
    > copy of the I-140 reciept nor with the I140 reciept#. Here is my
    > question to you guys...
    >
    > Is there any provision in the law that will allow him to file his I-485
    > without the I-140 reciept ? Is there any way to track down the I-140
    > reciept number ? Is there any other way he can apply for i-485.
    >
    > -Madrasy

Unfortunately, he really is ineligible to file the I-485. The problem is
that in order to file, he would have to have the intention to work in the
sponsoring job - and that is just not the case here.

The employer merely enforces this rule to stay out of trouble themselves
(although I don't think that withholding the I-140 is right).

Ingo

juz4forums

Hi Madrasy

I think your friend still can go ahead with the I140 approval. He needs to find a new employer ASAP and do the needfull. I am not sure on this. But think it might be possible. Becuase final stage i came to know is independent of the employer. So try to talk with some employer and see OR may be the same lawyer who filed I-140 should be able to advice. If finding new employer is the only required then it should easy your friend

If somebody feels that i am wrong please advice

Thanks and Regd