software7
04-09 02:05 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.
Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
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mundada
07-02 03:23 PM
$1000 roughly
am4gc
12-29 05:46 PM
How can they change the interpretation of law in 2006?
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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TomPlate
12-13 05:26 PM
Outsourcing is not a good business at all. If you work for a big american consulting company it is good. My company is a big company in India, but still people in my work location think we people are contractors (cheap sweepers) and we are great workers then those people. It is all due to green card I have to stay with this company. Stop outsourcing and IT consulting companies. They never understand that computer is a scrable game.
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tnite
06-26 02:30 PM
The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
What are considered bad photos?
Anything that get's you a RFE is bad..
I got it from CVS and they look good.
chanduv23
08-31 11:21 PM
Thanks for your initiatives
Soeone posted it on idlebrain.com - thanks to whoever posted it.
http://www.idlebrain.com/us/schedu/rally-sep18.html
Idlebrain is the biggest website for Telugu speaking community and almost every telugu speaking person in the US visits idlebrain on a daily basis.
Soeone posted it on idlebrain.com - thanks to whoever posted it.
http://www.idlebrain.com/us/schedu/rally-sep18.html
Idlebrain is the biggest website for Telugu speaking community and almost every telugu speaking person in the US visits idlebrain on a daily basis.
more...
ragz4u
04-01 04:16 PM
god_bless_you
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
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akkakarla
10-09 07:53 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
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humdesi
05-15 02:43 AM
Hope they get the same type of canned, useless answers we get when we call up USCIS.
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emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
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am4gc
12-26 02:24 PM
EB2 visa numbers are not given to EB2... Are those number given to EB3 ROW ?
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satishku_2000
05-17 01:15 AM
Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
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abhijitp
10-10 03:27 PM
....I am not sure why someone is portraying Infy or Wipro as companies that go for "Easy money..." that's completely ridiculous. Agreed they are not doing lots of so called high-end R & D projects and majority of thier revenue is still from service industry. But that does not make these companies any lesser.
I am not sure how much insight you guys got into these companies, but they are doing quite a lot of good assignments. Also, the processes they got in place & the maturity they show in execution of assignments is definitely on par with any other software services company in the world.
Probably a bunch of you folks are frustrated with these companies because the billing rates are driven down & opportunites in US (for consultants) are becoming less due to these companies' offshore model - but that does not make these companies shallow as you are trying to portray.
PS: I am not an employee with either of these companies. FOr that matter, none of these offshore-based companies. But the facts are to be accepted.
I would rather stay out of this discussion... but I am in complete agreement with your point on "processes"!
So far in my experience in IT consulting in the US, I have almost never seen the same level of detail in following software development processes as I used to see when working offshore for organizations doing the same kind of business as these two companies.
I am not sure how much insight you guys got into these companies, but they are doing quite a lot of good assignments. Also, the processes they got in place & the maturity they show in execution of assignments is definitely on par with any other software services company in the world.
Probably a bunch of you folks are frustrated with these companies because the billing rates are driven down & opportunites in US (for consultants) are becoming less due to these companies' offshore model - but that does not make these companies shallow as you are trying to portray.
PS: I am not an employee with either of these companies. FOr that matter, none of these offshore-based companies. But the facts are to be accepted.
I would rather stay out of this discussion... but I am in complete agreement with your point on "processes"!
So far in my experience in IT consulting in the US, I have almost never seen the same level of detail in following software development processes as I used to see when working offshore for organizations doing the same kind of business as these two companies.
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ss1026
08-20 06:34 PM
If i get correctly...Labour Substitutionhas been banned..right???
DOL has ended Labor subsitution since July 16 of this year.
DOL has ended Labor subsitution since July 16 of this year.
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abhikal
02-21 07:03 AM
dear members,
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
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ronhira
07-08 12:44 PM
No. I am not anti-immigrant. I am anti-illegal immigrant.
Some people die at twenty five and aren't buried until they are seventy five.
Some people die at twenty five and aren't buried until they are seventy five.
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shamu
01-15 12:31 PM
We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you Nixtor and all other IV friends who have helped me.
And all those who came to this thread to help me and gave me lot of moral support.
I am really thankful to all.
I wish all of get the GC very soon.
Good luck to all.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you Nixtor and all other IV friends who have helped me.
And all those who came to this thread to help me and gave me lot of moral support.
I am really thankful to all.
I wish all of get the GC very soon.
Good luck to all.
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Chiwere
06-12 03:25 PM
Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.
Testimony from anti immigrants like Krikorian just highlights their own low IQ, one of the touchstones he proposes to identify the "Einsteins". He said bringing workers from outside decouples industry from US education system, but supports allowing foreign trained(with BS/BTech or higher) geniuses in.
Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D
Testimony from anti immigrants like Krikorian just highlights their own low IQ, one of the touchstones he proposes to identify the "Einsteins". He said bringing workers from outside decouples industry from US education system, but supports allowing foreign trained(with BS/BTech or higher) geniuses in.
Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D
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pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
nixstor
06-19 11:16 PM
common guys why are you making it as bigger issue.
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
All he is going to give is 2K more than normal lawyer fee, which is just a 1 dollar per year for an hourly employee. I would advice him to happily take this offer and file without any complication with employer.
Note desi employer (consulting company) are doing us favor by applying GC, other wise where the heck they have a permanent job.
Take it easy now and ACt after 6 months of filling 485.
Also these days lawyers have to do Overtime to prepare documents for sudden surge of new filers.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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