Employer refusing to file I140 after 6th year expiration of H1B

[deepalirc]

Hi,

 

I really need help on the following problem. It would be great if you could give me some solution.

 

 

I have 20 days left on my H1B visa and now I am on H4 visa.

I move to company A and they filled GC(EB2 Category)  for me since my visa was expiring on April 2014 and I did not get my PERM approved  they assured me that leave the job and after you get your PERM approved we will hire you back. Now I got my PERM approved 2 months back and they are refusing to hire me. They are refusing to file I140 for me. I am stuck now I don't have any solution to this can you please give me some suggestion?

Can someone else file I140 for me? Can I myself file I140?

I called few Consultans but they say only your current company can file I140 for you is this correct? 

What can I do?

 

Thanks in Advance

[JoeF]

PERM and I-140 are specific to the employer.

If this employer doesn't want to file an I-140 for you, you are out of luck.

No employer would start a GC process from scratch if you can't even work for them on H1.

Your only option would be to go abroad for a year, and then find a real employer who could file a new H1 under the quota for you.

Avoid consulting companies like your previous employer. Such companies are just frauds.

[rahul412]

You cannot file I140 yourself. To file I140 that employer should have a approved PERM for you.

Find another employer who is willing to file GC for you, this GC application is gone.

[nineballs]

Hi,

 

I really need help on the following problem. It would be great if you could give me some solution.

 

 

I have 20 days left on my H1B visa and now I am on H4 visa.

I move to company A and they filled GC(EB2 Category)  for me since my visa was expiring on April 2014 and I did not get my PERM approved  they assured me that leave the job and after you get your PERM approved we will hire you back. Now I got my PERM approved 2 months back and they are refusing to hire me. They are refusing to file I140 for me. I am stuck now I don't have any solution to this can you please give me some suggestion?

Can someone else file I140 for me? Can I myself file I140?

I called few Consultans but they say only your current company can file I140 for you is this correct? 

What can I do?

 

Thanks in Advance

Sorry to hear that. Like JoeF and Rahul said, you are just out of luck. There is nothing much you can do about it except to leave the country for an year and then come back on a fresh H1.

[omshiv]

what about your spouse's GC process? Have they started his GC? If his PD is current then along with I-485 you may apply EAD/AP.