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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. Ron Gotcher

    Ron Gotcher Attorney at Law

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    EAD issuance has nothing to do with your employment status. It is a benefit available to anyone who applies for AOS. You may use an employment verification letter signed by anyone in the company who has authority to sign such letters.
     
  2. takalkrs

    takalkrs Junior Member

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    Ron..with the I-485 process divided into two stages...filing date and approval date, when exactly will USCIS review for EVL ?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The idea behind the two tables is to create a filing date earlier than the actual visa availability date so that the USCIS can make a decision on the case just as a visa becomes available. Charlie Oppenheim said that the acceptance dates are where he expects the cutoff dates to be in 8 to 12 months. The USCIS looks at the EVL when they are ready to decide the case, after all the background checks have been completed and the entire file has been assembled.
     
  4. mar212011

    mar212011 Well Regarded Member

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    Ron what other documents from the employer they could ask? im only hearing EVL
    my employer says if i use a different attorney they wont give any documentation at all related to the company
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can file on the strength of last year's W2 and your last three paystubs. By the time the USCIS gets around to issuing an RFE, you will be beyond six months. The company can either give it to you or watch you go to another company that will.
     
    nsh123, mar212011 and cuckoo like this.
  6. mar212011

    mar212011 Well Regarded Member

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    Thanks i even prepared most of the forms - the employer is just delaying to file and doesnt give me evl - i guess i will just wait few more days and file through you.... just the sadism never ends - its been 6 years with that company now....i could even submit all 6 w2's
     
  7. cuckoo

    cuckoo Super Moderator

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    There is something fundamentally wrong with an employer relying on an approved I 140 to get an employee's H1B extension so that the employee can continue to work for the employer but deliberately not pursuing the process to its logical conclusion, i.e., allowing the employee to file an I485 based on that I 140. Logically such action (or inaction) by the employer should be illegal. But then, unfortunately the entire eb system is for the employer and shaped by the employers.
     
  8. mar212011

    mar212011 Well Regarded Member

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    Exactly - the law is so flawed not giving any rights whatsoever to employee
     
  9. Kamakazee

    Kamakazee Super Moderator

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    The EB immigration laws are stacked up against the employees. Actually, the immigration laws are stacked up against anyone who wants to follow the law.
     

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