amitjoey
05-21 04:56 PM
Looks like Suguar has to match only $200
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mohican
01-02 12:50 AM
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
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mhathi
05-17 12:10 PM
Done! Thanks for everyone's efforts!
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franklin
09-21 09:21 PM
We should focus on spreading awareness about IV. I can't believe I was totally unaware of IV's existence until a month back. I haven't done much but felt strongly about what IV's doing. Me and my wife attended the rally and even contributed for the first time ever. We should brainstorm on how we can get more people on board and on how to transform members into contributors.
Welcome! You may have seen posts from the core members about what IV is.
IV is you, each and every member. Our strength relies on each and every single thing that we do as individuals.
That being said - an excellent start is joining your local chapter. If you don't have one, you can start one and we can help!
If you have ideas on how to spread the word, let us know, we can help!
Welcome! You may have seen posts from the core members about what IV is.
IV is you, each and every member. Our strength relies on each and every single thing that we do as individuals.
That being said - an excellent start is joining your local chapter. If you don't have one, you can start one and we can help!
If you have ideas on how to spread the word, let us know, we can help!
more...
gc28262
03-20 07:31 PM
OP was never out of status as he was working for one of the employers on proper work authorization all the time. The only question is whether employer X canceled H1 ?Even if they didn't, it is employer's problem not OP's.
Anyways it is better to respond to this query through a lawyer.
Anyways it is better to respond to this query through a lawyer.
gcisadawg
06-16 10:51 PM
I have a deja vu
cause when i wanted to bring to the notice similar BAD lawyers nobody paid attention . I put in time to create a blog and if you would have researched on immigrationvoice u wont have been in this position the first place
http://badimmigrationattorneys.blogspot.com/
its 3rd on my list
What about Berry Appleman that you didnt like? Any particular experience?
cause when i wanted to bring to the notice similar BAD lawyers nobody paid attention . I put in time to create a blog and if you would have researched on immigrationvoice u wont have been in this position the first place
http://badimmigrationattorneys.blogspot.com/
its 3rd on my list
What about Berry Appleman that you didnt like? Any particular experience?
more...
intheyan
06-26 03:04 PM
Thanks Sheela.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
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mhathi
05-22 01:52 PM
Thank you for writing to me regarding our country's immigration system.
Our nation's immigration and border security system is broken and must be fixed. We must require illegal immigrants to step forward and become legal and we must better secure our borders. We must restore the rule of law and enhance security at our borders. The Congress and the President must work together to reform our laws. We also must use the full force of the law against employers who hire illegal immigrants.
I support changes to the law that will require illegal immigrants to become legal. They must pay taxes, learn English, and pass criminal background checks. This process won't be easy or quick, but it will be fair and practical. Individuals who came to this country illegally will be bumped to the back of the line behind those who waited to come to this country legally. And illegal immigrants with a criminal record would be deported. Those who refuse to register and meet these conditions also should be deported.
To secure our borders, the government should require the use of a biometric entry-exit system for all land borders, so that we have an accurate record of who is entering and leaving the United States. We should create a "smart" enforcement regime which will produce more efficient inspections and screenings, and allow us to target and tailor our limited resources to combat illegal smuggling of people and contraband. I supported recent appropriations that provided $1.6 billion for border security fencing, infrastructure and technology, and facility construction, as well as the hiring of 3,000 new Border Patrol agents.
To meet the needs of our workforce and promote family reunification, we should set in place realistic immigration numbers and policies, and clear the backlog of legal visas, green card legal permit resident and citizenship applications. Senator Feinstein has introduced the "Agricultural Job Opportunities, Benefits and Security Act", S. 1038, in order to provide for new blue card visas and modify the H-2A program. Senator Mikulski has introduced the "Save our Small and Seasonal Businesses Act", S. 388, to extend the annual cap exemption for returning H-2B workers. While these two bills address key issues in the immigration debate, a comprehensive approach is the only way to adequately deal with this issue.
We can no longer ignore corporations who are hiring and exploiting illegal workers. This practice takes jobs away from Americans and depresses wages for everyone. These unlawful companies must be prosecuted and face stiff criminal and civil penalties. We need smart policies like improved border patrols, full enforcement of our laws, and requiring illegal immigrants to become legal.
The status quo is not working. Allowing 12 million to hide in the shadows and live in this country illegally is unacceptable. Our system must be fixed. Again, thank you for writing to me regarding this important issue. If I can be of any further assistance please do not hesitate to contact me in the future.
Our nation's immigration and border security system is broken and must be fixed. We must require illegal immigrants to step forward and become legal and we must better secure our borders. We must restore the rule of law and enhance security at our borders. The Congress and the President must work together to reform our laws. We also must use the full force of the law against employers who hire illegal immigrants.
I support changes to the law that will require illegal immigrants to become legal. They must pay taxes, learn English, and pass criminal background checks. This process won't be easy or quick, but it will be fair and practical. Individuals who came to this country illegally will be bumped to the back of the line behind those who waited to come to this country legally. And illegal immigrants with a criminal record would be deported. Those who refuse to register and meet these conditions also should be deported.
To secure our borders, the government should require the use of a biometric entry-exit system for all land borders, so that we have an accurate record of who is entering and leaving the United States. We should create a "smart" enforcement regime which will produce more efficient inspections and screenings, and allow us to target and tailor our limited resources to combat illegal smuggling of people and contraband. I supported recent appropriations that provided $1.6 billion for border security fencing, infrastructure and technology, and facility construction, as well as the hiring of 3,000 new Border Patrol agents.
To meet the needs of our workforce and promote family reunification, we should set in place realistic immigration numbers and policies, and clear the backlog of legal visas, green card legal permit resident and citizenship applications. Senator Feinstein has introduced the "Agricultural Job Opportunities, Benefits and Security Act", S. 1038, in order to provide for new blue card visas and modify the H-2A program. Senator Mikulski has introduced the "Save our Small and Seasonal Businesses Act", S. 388, to extend the annual cap exemption for returning H-2B workers. While these two bills address key issues in the immigration debate, a comprehensive approach is the only way to adequately deal with this issue.
We can no longer ignore corporations who are hiring and exploiting illegal workers. This practice takes jobs away from Americans and depresses wages for everyone. These unlawful companies must be prosecuted and face stiff criminal and civil penalties. We need smart policies like improved border patrols, full enforcement of our laws, and requiring illegal immigrants to become legal.
The status quo is not working. Allowing 12 million to hide in the shadows and live in this country illegally is unacceptable. Our system must be fixed. Again, thank you for writing to me regarding this important issue. If I can be of any further assistance please do not hesitate to contact me in the future.
more...
factoryman
02-12 02:30 PM
Note: Read my post IV need to set up a fax:This is a WIN/WIN situation for us (http://immigrationvoice.org/forum/showpost.php?p=47943&postcount=38)
Thanks go_guy123. Your reply is twisted and not in context for the task on hand. I only quoted American Academy of Nursing, as rimzhim said (http://immigrationvoice.org/forum/showpost.php?p=47949&postcount=40), such need to set up fax as above, 'will show us in poor light.
Sorry you missed the whole point and is side tracking the need of today: stop the grab of unused visas. Pure and simple.
Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.
Thanks go_guy123. Your reply is twisted and not in context for the task on hand. I only quoted American Academy of Nursing, as rimzhim said (http://immigrationvoice.org/forum/showpost.php?p=47949&postcount=40), such need to set up fax as above, 'will show us in poor light.
Sorry you missed the whole point and is side tracking the need of today: stop the grab of unused visas. Pure and simple.
Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.
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sri1309
09-25 07:50 AM
Prince,
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
more...
nrakkati
03-21 03:41 PM
As I mentioned earlier, it is a simple RFE. In addition, Desi has backedup his suggestion with the proof - Just ask your attorney to respond to the RFE. Post back when you get updates, it will help IV community, who are in similar situation and also the members who do not have a proper understanding of statuses.:D
Sure. I will update the thread.
Thank you
Sure. I will update the thread.
Thank you
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PlainSpeak
03-29 08:37 AM
PlainSpeak I am hearing this from last 7 years.. I dont believe untill it happens. Thank you for the information.
It happened last year no reason why it should not happen again this year :)
In any case i really prefer all you EB2 I guys get their GC and get out of our way so that we EB3 I guys get our (GC) seeing that is the only way we will get ours. :D:D:D
At least if not GC i hope you guys get to file 485 to receive benefits like EAD and AP. Then you will not have to worry about going to India for a vacation. I know it is painfull to go to the embassy again for stamping.
It happened last year no reason why it should not happen again this year :)
In any case i really prefer all you EB2 I guys get their GC and get out of our way so that we EB3 I guys get our (GC) seeing that is the only way we will get ours. :D:D:D
At least if not GC i hope you guys get to file 485 to receive benefits like EAD and AP. Then you will not have to worry about going to India for a vacation. I know it is painfull to go to the embassy again for stamping.
more...
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ilikekilo
06-08 02:36 PM
i agree with you
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CADude
03-14 01:07 PM
It's slow poison.. Great deception. You can't get it and You can't let it go. After waiting so long (7+ years in GC road) I got nirvana. One early morning I think over back and relies what the hell I did with my life and career for this stupid card. So I put my energy in study. Hoping to complete MBA by summer and move forward. Waited so long so i don't have any more patience or emotion left. I have to move on with life.. :p
Have a cup of coffe, it is sprint break time, I am taking my daughter out....also I am going to meet some friends over this weekend.
This EB-2, EB-3, ROW, India, China..... only hurts me when I think about it! As long as I am busy with my day to day life.....life is beautiful.
Going to make a cup of coffee and watch my fav song on YouTube! Cheers...
Have a cup of coffe, it is sprint break time, I am taking my daughter out....also I am going to meet some friends over this weekend.
This EB-2, EB-3, ROW, India, China..... only hurts me when I think about it! As long as I am busy with my day to day life.....life is beautiful.
Going to make a cup of coffee and watch my fav song on YouTube! Cheers...
more...
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ingegarcia
06-14 09:41 AM
Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +
My case is also like you but my Labor was 2 years old and applied just
before PERM and it went straightway to Phily Backlog center ... I thought
of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)
Did you check your status in Backlog tracker ??
http://pds.pbls.doleta.gov/
Sometimes it does not depend on you, I am in Backlog due to my company's lawyer does not want to file for PERM :mad: . Anyway I am changing jobs and starting again but this time with PERM. :D
My case is also like you but my Labor was 2 years old and applied just
before PERM and it went straightway to Phily Backlog center ... I thought
of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)
Did you check your status in Backlog tracker ??
http://pds.pbls.doleta.gov/
Sometimes it does not depend on you, I am in Backlog due to my company's lawyer does not want to file for PERM :mad: . Anyway I am changing jobs and starting again but this time with PERM. :D
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ezee
08-21 02:37 PM
Are they asking for $20 money order or a stamped envelope again? I won't be surprised if these people are pocketing the extra money.
more...
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kopra
03-25 12:45 AM
I think USCIS will make the dates current as long as they can see in which category people have filed most after last july( if both EB2 and EB3 has large number of filers they may make both current as last july), so that they can get the increased fee from a "substantial" amount of people filing, and give them EAD and make the cateroty to "U" after the filing:D
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
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lost_in_migration
04-09 04:35 PM
Please check your PM
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rahul76
08-15 01:28 PM
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
Amma
12-10 03:13 PM
Friends,
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
gopi544
06-15 03:09 PM
Hi,
I want to know weather can I apply AP for my wife while she is in US post it to India if she has to go to India before it gets approved.
As there is the situation my wife need to go to India in July and I am planning to apply for her AP, can I send it over to her once the AP is approved or dose she need to be present in US at the time of approval.
Thanks for advice
I want to know weather can I apply AP for my wife while she is in US post it to India if she has to go to India before it gets approved.
As there is the situation my wife need to go to India in July and I am planning to apply for her AP, can I send it over to her once the AP is approved or dose she need to be present in US at the time of approval.
Thanks for advice
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