reddog
01-26 12:03 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...
brilliant dude. nice reply.
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...
brilliant dude. nice reply.
wallpaper funny ugly abies. very ugly
snathan
06-22 12:35 PM
come on guys....
gc_on_demand
06-10 03:18 PM
Was USCIS following prediction of OMBUDSMAN ???? or OMBUDSMAN WAS PREDICTING TRUE....
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
2011 funny baby
abhijitp
08-28 06:21 PM
Here is the thread where you can request accomodation.
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
more...
permfiling
04-14 02:14 AM
Check this immigration issue at
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
http://valleywag.gawker.com/
We have to do similar things to get our issues noticed
Ramba
02-12 02:58 PM
The adv of 485 route compare to CP is EAD/AP/AC21. In CP, the applicant is getting immigrant visa in a foreign post/consulate. How can USCIS give EAD/AP for a person who is staying outside of US to grant EAD/AP?. There is no technical ground for this request. If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.
Though, law does not force any one to chose only 485 route, while you anyone already in US. Very very few guys will opt for CP while in US due to lot of hurdles in CP. Forget about retrogression, EAD, AP. Opting CP, cost you to fly to home country to get immigrant visa. There is no gurentee that US consulate will give you a immigrant visa based on approved 140 in CP process. That is always risk of denial at interview. It is something similar like, H1B approval by USCIS does not guartee the H1B visa at consulate.
more...
copsmart
02-21 10:01 AM
Interesting!!!
So, did you get your Green Card after that visit? Or Are you still waiting?
Your profile still shows I-485 as your processing stage, so I wasn�t sure.
It was in sept 07.
So, did you get your Green Card after that visit? Or Are you still waiting?
Your profile still shows I-485 as your processing stage, so I wasn�t sure.
It was in sept 07.
2010 It was very funny as both
thomachan72
04-14 03:24 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
more...
Macaca
08-31 06:44 PM
H1B's are taking jobs
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
hair Baby Drinking Water Very Funny
ganguteli
06-17 02:06 PM
Would you like to send a mass mailer to all to generate momentum ???
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
more...
kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
hot funny ugly abies. very ugly
jchan
05-15 06:04 PM
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
I don't understand. The post above does not even include the bill for US masters STEM
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
I don't understand. The post above does not even include the bill for US masters STEM
more...
house funny pictures of abies.
pappu
08-09 10:34 AM
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
tattoo It is very funny – When they
sanju
09-09 10:50 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
more...
pictures Also of note: I#39;m jealous of
alex77
06-18 07:47 PM
Here you go...
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
dresses Even as a aby, Michael had
PDOCT05
08-15 03:22 PM
I have just called USCIS and spoke to very good and friendly lady IO. She has told me that in case if our applications is rejected for any reason due to lack of intial evidence,less amount of check or any other reason they will send a notice for re-submittal of application.
more...
makeup of very funny pics.
Aah_GC
11-19 01:55 PM
RD - July 23. Haven't received FP notices for me and my wife. Received EADs. eFiled AP - got my receipt but not my wife.
girlfriend super funny hilarious worlds
desi3933
11-03 01:31 PM
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing?
Are you saying that it's all smoke and no fire?
Read this post -
http://immigrationvoice.org/forum/1977273-post22.html
.
Are you saying that it's all smoke and no fire?
Read this post -
http://immigrationvoice.org/forum/1977273-post22.html
.
hairstyles Very funny!
mihird
09-14 11:04 PM
hm... So why are you here, in Immigrationvoice ???
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
Berkeleybee
02-26 09:52 PM
Sure, why not.
Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.
Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.
Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.
Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.
logiclife
07-06 02:09 PM
EDIT: According to Dr. Bahrainwala,this has been bumped to 7/7/07..
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
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