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Here is a situation of my friend.. Please help. Though it is a 485 case but I thought of putting it across you people so that I can get a help for him.
I used to work for Company A which originally petitioned my application here
in California.
My I-485 was filed in March 2000.
My husband and I have already been finger-printed, and our work permit we
received in June 2000.
In July 2000 Company B (new employer BASED in TEXAS) bought Company A.
Last December 2000 Company A received a notice from INS, requesting for an
additional evidence (RFE) regarding the change of Employer or Petitioner.
So Company A forwarded all my files and INS RFE notice to Company B.
My employer (Company B) told me that "INS wants to have documentation of the
buyout and they want proof of their continued sponsorship of me in the form
of a new I-140 in their name (Comp. B) rather than Company A. The processing
of the I-140 will be expedited and then the 485 process will resume."
So my employer filed a new I-140 in January 2001.
I was expecting to receive a copy of INS Receipt Notice 2 weeks after they
filed the new I-140 but it is already March 2001 and i still haven't
received anything...
The deadline for submitting the response for RFE is on March 17 so i called
INS to confirm if they have received it but they told me that they didn't
receive anything. So i got back to my employer and asked them what happened.
And here's what they said:
"The I-140 was actually filed with the Texas Service Center after the
California Service Center returned our original application. It was returned
because California said it did not have jurisdiction over our I-140. Again,
the I-140 has been filed and was received by Texas, and we have now received
a receipt. We will send you a G-28 shortly. Once you return that to us, we
will submit the I-140 receipt to California."
Here are some of my questions:
- what is G-28? why do we need it?
- what will happen now that they have filed the I-140 Amendment to Texas and
my I-485 was filed in INS-California?
- from what INS office will I get my I-140 approval?
- will INS-California Service Center honor my I-140 that was filed in Texas
(and probably will be approved there too) and resume processing of my I-485?
- or if INS-Texas approves my I-140, will they require a new I-485 for me
thus further delaying my application?
Please answer these questions. What should he do?
Thanks
Meenu
I used to work for Company A which originally petitioned my application here
in California.
My I-485 was filed in March 2000.
My husband and I have already been finger-printed, and our work permit we
received in June 2000.
In July 2000 Company B (new employer BASED in TEXAS) bought Company A.
Last December 2000 Company A received a notice from INS, requesting for an
additional evidence (RFE) regarding the change of Employer or Petitioner.
So Company A forwarded all my files and INS RFE notice to Company B.
My employer (Company B) told me that "INS wants to have documentation of the
buyout and they want proof of their continued sponsorship of me in the form
of a new I-140 in their name (Comp. B) rather than Company A. The processing
of the I-140 will be expedited and then the 485 process will resume."
So my employer filed a new I-140 in January 2001.
I was expecting to receive a copy of INS Receipt Notice 2 weeks after they
filed the new I-140 but it is already March 2001 and i still haven't
received anything...
The deadline for submitting the response for RFE is on March 17 so i called
INS to confirm if they have received it but they told me that they didn't
receive anything. So i got back to my employer and asked them what happened.
And here's what they said:
"The I-140 was actually filed with the Texas Service Center after the
California Service Center returned our original application. It was returned
because California said it did not have jurisdiction over our I-140. Again,
the I-140 has been filed and was received by Texas, and we have now received
a receipt. We will send you a G-28 shortly. Once you return that to us, we
will submit the I-140 receipt to California."
Here are some of my questions:
- what is G-28? why do we need it?
- what will happen now that they have filed the I-140 Amendment to Texas and
my I-485 was filed in INS-California?
- from what INS office will I get my I-140 approval?
- will INS-California Service Center honor my I-140 that was filed in Texas
(and probably will be approved there too) and resume processing of my I-485?
- or if INS-Texas approves my I-140, will they require a new I-485 for me
thus further delaying my application?
Please answer these questions. What should he do?
Thanks
Meenu
