1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Employer Saying No To Medicals And No To Filing Of I-485

Discussion in 'Filing for AOS with an approved I-140' started by harry37, Sep 15, 2015.

  1. harry37

    harry37 New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Hello Ron

    Hope all is well with you, seeking your expert advice again !!

    Priority Date : Jan 26,2011 and all documentation is valid and in-order to file AOS.

    Employer thinks that there is not enough guidance from USCIS and I should surely not do my medicals as well not file my I-485.

    They are worried that USCIS has not provided enough information on the rule change and not filing or waiting for further guidance is appropriate.

    1. Can i file my I-485 even if my employer is unwilling to file it now ? Probably Not but I am tired of them giving me excuses to not file my I-485.

    2. Should I also do my medicals (it is a personal expense, anyway) ?

    Please help me in this case and any valid reasoning I can provide my employers and law offices to file my I-485 would be beneficial.
     
  2. DonDraper

    DonDraper Guru

    Messages:
    1,748
    Likes Received:
    1,307
    Trophy Points:
    113
    1) Yes you can self file i-485 and can also hire another lawyer
    2) Ron suggests to do medicals
     
  3. sri1979

    sri1979 Well-Known Member

    Messages:
    179
    Likes Received:
    61
    Trophy Points:
    28
    But u need employment letter from employer, he is one of blood sucking employer. . Sorry
     
  4. yamanoor

    yamanoor Guru

    Messages:
    307
    Likes Received:
    166
    Trophy Points:
    43
    All documentation in this case also includes the employment offer?

    Well, can he get the letter from another employer, for a similar occupation, with the same salary range? I know this is far fetched.

    Alternately, I have this vague notion that the employer had to provide a letter for the I-140 app. If available, could that be used instead?

    And truly sorry to the OP for having such a sucky employer.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Let's be clear about something. An employee who has a current priority date (earlier than the acceptance date), may file his or her own I-485 and does NOT need his or her company's approval or assistance. Use current paystubs to document continued employment with the company. If an RFE is issued for an EVL, it will happen more than six months after the filing date. At that point, the company will either give it to you or you can move to another company and get a letter from them. And yes, you should submit medical results.
     
    nsh123 likes this.
  6. sri1979

    sri1979 Well-Known Member

    Messages:
    179
    Likes Received:
    61
    Trophy Points:
    28
    Ron, I wish you will packed up with clients once people gets EAD's and start to move employer.

    I have one question, I know we need to stay on current job description after we move jobs using AC2. Can we move to a higher role?

    For example if I am Sr Java developer now can I take role as Java Manager.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes you can.
     
  8. allswell

    allswell Guru

    Messages:
    620
    Likes Received:
    180
    Trophy Points:
    43
    h
    how can you move to another employer? transfer your H1?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    File your AOS. Wait six months. Move.
     
    soopergal likes this.
  10. allswell

    allswell Guru

    Messages:
    620
    Likes Received:
    180
    Trophy Points:
    43
    But, you cant move without getting your EAD...you have do a transfer of H1.

    Unless I am getting it wrong, does the 6 month start from the date we apply and receive receipt..i thought the 6 month starts from the time EAD issued
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It start from the day the USCIS receives your AOS application.
     
  12. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    and I guess you normally receive your EAD 3 months from the date USCIS receives your AOS application?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Right now, they are taking between 90 and 150 days.
     
  14. ARam

    ARam Guru

    Messages:
    882
    Likes Received:
    929
    Trophy Points:
    93
    So Ron this works(moving to another company) only if you are working for the employer that filed your I-140 and the same company/you file for the AoS while you are employed with that firm correct? Not if you have moved to a different employer from the one that filed I-140. In the latter case, my option would be either a. See if former employer gives me the old job and then bears the cost of H1b transfer and then files I-485 or b. Have the new employer file PERM & I-140 and recapture old priority date?
     
  15. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    WOW!!!
     
  16. soopergal

    soopergal Guru

    Messages:
    208
    Likes Received:
    156
    Trophy Points:
    43
    I have a question on similar lines, what if you are not working for the future employer yet but intend to - Can you still file AOS?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You wouldn't have to move back there, only reach an understanding with them that you will return when you get your green card. In this case, I'd definitely get an EVL from the old company.
     
  18. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Yes you can...You will need an EVL for the sponsoring company and have good intent of faith to work once you get your GC..Otherwise, it will be considered fraud
     
  19. s_gan

    s_gan Super Moderator

    Messages:
    5,316
    Likes Received:
    5,438
    Trophy Points:
    113
    and the card can be revoked.
     
  20. rv_sree

    rv_sree Junior Member

    Messages:
    92
    Likes Received:
    30
    Trophy Points:
    18
    Hi Ron,

    1) Wondering when RFE is issued because of missing EVL, which indicates the case is pending and not pre-adjudicated by USCIS. So how come an employee can change his job with new employer and obtain EVL having the EAD would have not issued. I am not sure whether am I missing something here, please clarify.

    2) Also can we provide EVL signed by the current reporting manager in the company letter head or it has to come from the respective HR representative group. Who is more authorized to issue EVL from the sponsoring employer perspective.
     

Share This Page