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L1A authorization/adjustment status

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K

Keith

Guest
In February '95 a 1-129 petition for a Non immigrant Visa (Classification L-1A) was filed on my behalf by my Canadian Employer and approved by INS.

In February '96 another petition (I-140) was filed on my behalf and approved by INS. It was also stated by INS that I file a I-485(Application for Permanent Resident).

In March of '96 a I-485(Application for Permanent Resident) was filed and sent to INS for approval. Five months later in August '96 I received a letter from INS that an appointmment was scheduled on 8/28/98 to file a I-765 and obtain my work authorization card. The same letter indicated that I would be notified no later than 12 months for an "Adjustment of Status Review" regarding my I-485 petition.

Eleven months later I was worried I had not heard from INS and I inquired about my "Adjustment of Status Review" . I was told that there was such a backlog of cases that I should wait another 3-6 months to hear from them. Finally in September of 1997 i still had not heard from INS i visted their LA offices because my work authorization card was ready to expire and under the present rules I was not aloud to leave the country during the pending of my "Adjustment of Status" review unless a I-131 was filed (Advanced Parole) to leave the country. I petitioned for both the renewal of my work authorization card and the advanced parole and was approved by INS.

During that time i must have bothered the INS a few more times regarding my I-485 petition and was told that my file had been misplaced due to the relocation of the files in a different area of the building. Due to unforseen and unfortunate circumstances I left my employer who had initially sponsored me to work in the U.S.A. due to a terrible working environment and employee/employer relations. I was also subjected to many forms and discrimination by a few senior managers.

In April 1998 I filled out a form and spoke with the "Examinations Branch-Adjustment Unit" .At that time they produced a few letters sent to my previous address for an interview for my "Adjustment of Status" and also was told that the file was sent to the Deportation Unit because they I had failed to show up to the interview. I provided proof to the INS that I had sent a registered letter of my address change. INS never updated the file with the new address because the file had gone missing for almost a year. I was then told that within 60 days I would receive a reponse from INS and a new interview would be scheduled for my I-485 petition because of the proof I was able to show them. The 60 days passed and heard nothing from them.

As of 12/07/99 I am still awaiting the approval of my I-485.

My question is..I am no longer sponsored by the employer who petitioned me to work in the USA in 1995. I do have another job as a Flight Attendant for a major US Carrier. What options does the INS have regarding my Residency in the USA and my employment situation, if I am no longer being sponsored and working for another company?

What can they do to me? and what recourse can I take due to the obvious inefficiency of the INS department and the time frame to resolve my "Adjustment of Status" petition. The petition should of been approved long before i left my employer due to the unfortunate situations and circumstances that arose.

I have made a life for myself here and I am not sure what will happen and what I can do to ensure that I remain here in the USA.

Yours respectfully.,



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S

Simon

Guest
This is a very complex issue. I think you best bet is to contact an immigration attorney for advice and support. I wish you luck.
 

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