vandanaverdia
09-11 04:22 PM
Knowing that you at least stood for your rights is much better than not standing up at all!!!
Stand up for your rights... Come to DC!!!!
GI IV!!!!
Stand up for your rights... Come to DC!!!!
GI IV!!!!
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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
waiting4gc
07-17 07:45 PM
If you think there's only dimiwitted folks here, need I remind you that you are posting here too.
Anyways, mistakes are made and can be corrected. Name calling doesn't achieve anything.
Shows you the general herd mentality on this forum. As long as everyone is thinking the same way, everything is great. If you differ, everyone will call for a ban on you. They are all lemmings. Unfortunately, I had to come to this forum for news. I have never seen such a bunch of dimwitted people in one place...
Anyways, mistakes are made and can be corrected. Name calling doesn't achieve anything.
Shows you the general herd mentality on this forum. As long as everyone is thinking the same way, everything is great. If you differ, everyone will call for a ban on you. They are all lemmings. Unfortunately, I had to come to this forum for news. I have never seen such a bunch of dimwitted people in one place...
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pushkarw
11-19 05:43 PM
The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
more...
m306m
12-10 04:11 PM
I can see sammyb's frustration but there is something to be said for collective intelligence and opnion. If we start restricting access to the site we loose out on the "Wisdom of the Crowds". A good example is free file sharing websites that have very few people contributing (<10%) but the benefit to the community is huge and the membership becomes ever larger because it is free. So as IV becomes more popular (which should be are foremost goal) there will be more people willing to contribute (even though the percentage of people contributing might still be small). I am not making a case for free loaders, instead I am making a case for free access to information.
I salute Needhelp! for her commitment to this cause.
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
I salute Needhelp! for her commitment to this cause.
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
anilsal
06-15 12:02 AM
I think the answer is Yes. The primary applicant can be on H1 and the spouse can be on EAD/AP.
more...
ivvm
03-22 10:09 PM
I would not agree with your interpretation. You are insinuating that a majority of the EB based green cards sponsored by employers are similar to family sponsored green card and also that people are favoured for their nationality.....how did you arrive at this conclusion?
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
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thomachan72
10-01 03:15 PM
The discussion is getting more and more interesting. somebody posted his/her experience with a particular airlines in the begining and lot of us joined in to crucify him/her for having said that. Then saxena came with his private jet and flight atendents and now saxena is getting rounded up. Interestingly UP/Bihar came up (knowingly / unknowingly) almost as a derogatory remark. Then somebody proved that its not UP/Bihar but south indians who are really hipocrites. In between all this somehow the airlines industry people escaped and are laughing. The final take seems to be something like this; We have chosen to be frustrated and if the earth doesn't give us reasons we will look for it in the sun. Either way we will reach our goals. Now let us make a tally of how many reds / greens each person got and find the winner.
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
more...
Legal
07-03 05:27 PM
:D This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.
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thepaew
05-30 11:53 AM
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
Last I checked, this was not supposed to be desi-centric forum.
There is something with the french language it self. All the people who speak french as their native language, tend to be a$$holes, of varying degrees. This true of the french people and the francophone Quebec people inCanada and the French speaking Swiss. I say, stop flying AF, screw them. It is they who need us, not the other way round
more...
H1BLegal95
05-31 02:15 PM
This is America's gift to India. Nasscom should be smiling. Their skilled labor problem is gonna get better with 40-50000 H1s in 6+years forced to leave because of stupid I140>365 days rule.
Jobs follow skills and outsourcing is gonna rule. They are sending legals/skilled labor out and keeping illegals/unkilled labor in. However advanced a country is the top always attracts the foolish and the emotional. George W bush is the prime example.
Jobs follow skills and outsourcing is gonna rule. They are sending legals/skilled labor out and keeping illegals/unkilled labor in. However advanced a country is the top always attracts the foolish and the emotional. George W bush is the prime example.
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Suva
10-20 09:34 AM
I think you can transfer to the company's new address as a new job offer after 180 days of I485 application. You can consider AC21 for this new job. In this case you have to stay atleast 180 days in your current location after 485 application. If you cannot stay in this location for 180 days then you can transfer to the new location and apply labor and then 140 premium processing. If it get approved within your current H1 duration then you can transfer your old PD from previous application to your new application. In this case you need to get H1 extension immidiately so that you would be in valid status all the time.
Please discuss this with your attorney.
Hi,
My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?
- My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?
- Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?
Thanks
Please discuss this with your attorney.
Hi,
My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?
- My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?
- Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?
Thanks
more...
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nixstor
06-23 02:26 PM
History
Rep Lamar Smith from Texas is the Ranking Member of the House Judiciary Committee and is a key member. His support will further strengthen the bipartisan support the bills currently has. He championed high skilled immigration bills in the past and we need to get his support on the bills that are before the Judiciary Committee now
Number to call
202-225-4236 8:30am - 6:00pm EST, Monday - Friday
Note the 6 PM EST which is 5 PM CST.
Message
I would like to talk to some one who handles Judiciary Committee issues or Immigration bills. If you get transferred to a person or a VM
Rep Smith has been a champion of high skilled immigration bills and I request Rep Smith to support similar bills such as HR5882, HR6039 and HR5921 that are currently before the House Judiciary committee. These bills have good bipartisan support and will increase American Competitiveness. I request Rep Smith to support these bills and increase the bi partisan support.
DO NOT get into illegal immigration discussion as that undercuts our message.
If asked whether you are from Rep Smith's district tell him/her that you are not from his district if you are not. Tell them that you called your rep and calling Rep Smith's office because Rep Smith is the Ranking member of the House Judiciary Committee and a champion of High skilled immigration.
Rep Lamar Smith from Texas is the Ranking Member of the House Judiciary Committee and is a key member. His support will further strengthen the bipartisan support the bills currently has. He championed high skilled immigration bills in the past and we need to get his support on the bills that are before the Judiciary Committee now
Number to call
202-225-4236 8:30am - 6:00pm EST, Monday - Friday
Note the 6 PM EST which is 5 PM CST.
Message
I would like to talk to some one who handles Judiciary Committee issues or Immigration bills. If you get transferred to a person or a VM
Rep Smith has been a champion of high skilled immigration bills and I request Rep Smith to support similar bills such as HR5882, HR6039 and HR5921 that are currently before the House Judiciary committee. These bills have good bipartisan support and will increase American Competitiveness. I request Rep Smith to support these bills and increase the bi partisan support.
DO NOT get into illegal immigration discussion as that undercuts our message.
If asked whether you are from Rep Smith's district tell him/her that you are not from his district if you are not. Tell them that you called your rep and calling Rep Smith's office because Rep Smith is the Ranking member of the House Judiciary Committee and a champion of High skilled immigration.
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geevikram
05-20 12:31 PM
Thanks rayoflight. But am'I not helping myself? Please donate generously, this is your future/your child's future.
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saileshdude
03-21 12:56 AM
Great!
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
Thats what people need to understand that if u are doing AOS from H1 then you have to make sure that 1) Either you continue to use H1 with the proper employer or 2) If you decide to use EAD that you update the I-9 form properly with respective employers. You cannot involve into unauthorized work like say your h1 expired with current employer and you did not update your I-9 form to use EAD and say 4 months down the road you put in the new I-9 form with EAD info. Those 4 months of work would be considered unauthorized and yes it will impact your I-485.
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ek_bechara
06-23 04:57 PM
I asked my Indian and (close) American colleagues to call. My boss called as well.
CALL, CALL, CALL
CALL, CALL, CALL
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h1techSlave
04-29 12:41 PM
Thanks for the update.
Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.
Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.
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chantu
06-28 05:23 PM
Q15: For you = H1B For Wife = AOS Pending
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
Yes, we entered on H1 and H4.
But still I am going to write A# for Q.10 in EAD form for me. Is it fine? Or I have to use I-94#?
Thanks GCCovet!
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
Yes, we entered on H1 and H4.
But still I am going to write A# for Q.10 in EAD form for me. Is it fine? Or I have to use I-94#?
Thanks GCCovet!
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MunnaBhai
04-25 06:49 PM
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yabadaba
07-03 08:44 AM
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kate123
02-25 02:40 PM
I completely agree with you on this... But please note that JULY FIASCO DID HAPPEN... If it is against the law or if it is STRICTLY interpreted in the law then CIS or DOS would have never allowed to file for AOS during July 2007.
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
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