ajayabhichandani
05-24 02:56 PM
Done , send from NJ. Keep it up IV
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sid
04-02 02:40 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
ganguteli
02-10 01:30 PM
I just want to know why people think like that. Whoever I talk to thinks that after getting EAD everything is good and greencard is not that important. Is that true.
Let us discuss pros and cons of EAD.
Let us discuss pros and cons of EAD.
2011 agreed to join the cast of
dpp
01-10 11:09 PM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
more...
gc_check
11-16 06:47 AM
Well, first it was Consulting Vs Permanent, then EB2 V EB3 --> This was getting ugly when EB2 was moving fast, before the sudden pause and then USCIS announced no more movement or less than 2 week movement for every VB, and not "A Quota for US Master's or Higher" --> Well they are too many Ph.D's still waiting in line @ EB2-- not all qualify for EB1.. so chances are slim.. if you are from a retro county...
Only solution for this mess, that got created due to slow processing, erroneous VB on July '07, though helped many here with EAD, Labor substitution that used to exists, different processing center, RIR / non-RIR, different order for spill over from previous years and all ..is RECAPTURE of unused Visa and regulating the future process so new applicants does not have to go through the same mess we are going through..
Not sure.. We have been talking about RECAPTURE for many years now, but none happened until now... though we have tried again and again... may be very soon we can get out voice heard..
You can post any number of ideas in forum's.. but it is all easy said than done.. Think we need more focus and try hard to get one issue addressed at a time. A quota for Master's will not get you much ahead in the queue as there are too many "Master's" already waiting in the queue.. It is just my opinion.
Only solution for this mess, that got created due to slow processing, erroneous VB on July '07, though helped many here with EAD, Labor substitution that used to exists, different processing center, RIR / non-RIR, different order for spill over from previous years and all ..is RECAPTURE of unused Visa and regulating the future process so new applicants does not have to go through the same mess we are going through..
Not sure.. We have been talking about RECAPTURE for many years now, but none happened until now... though we have tried again and again... may be very soon we can get out voice heard..
You can post any number of ideas in forum's.. but it is all easy said than done.. Think we need more focus and try hard to get one issue addressed at a time. A quota for Master's will not get you much ahead in the queue as there are too many "Master's" already waiting in the queue.. It is just my opinion.
IVMovies
11-20 04:05 PM
bump
more...
efs
12-04 11:14 AM
The link to www.murthy.com states clearly what "Last acition" is in your case.
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
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kufloyd
06-13 07:58 PM
I think it's fairly common. So don't worry about it too much.
"fairly common"? But what does it indicate? And where has the case moved to?
"fairly common"? But what does it indicate? And where has the case moved to?
more...
chem2
04-22 05:46 PM
Filed with VT service center in early Dec '07. RFE issued 4/14/08. Lawyer should have already responded to RFE. Hopefully approval is a few days away.
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gc_chahiye
12-25 10:03 PM
What's "MTR"
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
search the forums.. the I-140 can be withdrawn anytime. USCIS is supposed to ignore the denial if its been >180 days of your I-485 filing.
If USCIS does not ignore, then they go ahead and deny the I-485 anyway and that then requries you file a Motion to Reopen (MTR) your case. USCIS makes a mistake, you need to go through hell: while your MTR is being processed (8 months in this case) if you are not on H1 (ie. you used your EAD) then you are out of status and need to stop working immediately. While USCIS works on your MTR you are potentially accruing illegal presence. If it exceeds 180 days, then you better hope your MTR succeeds, otherwise you are now setup for a 3 year re-entry bar into the US. If MTR succeeds, then you are retroactively in status. If it fails, then your out-of-status time begins from the day of your first denial (filing MTR does not give you status).
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
search the forums.. the I-140 can be withdrawn anytime. USCIS is supposed to ignore the denial if its been >180 days of your I-485 filing.
If USCIS does not ignore, then they go ahead and deny the I-485 anyway and that then requries you file a Motion to Reopen (MTR) your case. USCIS makes a mistake, you need to go through hell: while your MTR is being processed (8 months in this case) if you are not on H1 (ie. you used your EAD) then you are out of status and need to stop working immediately. While USCIS works on your MTR you are potentially accruing illegal presence. If it exceeds 180 days, then you better hope your MTR succeeds, otherwise you are now setup for a 3 year re-entry bar into the US. If MTR succeeds, then you are retroactively in status. If it fails, then your out-of-status time begins from the day of your first denial (filing MTR does not give you status).
more...
rc0878
09-20 08:52 AM
:)I got 2 emails from CRIS today for the following:
APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.:)
On September 19, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.:)
On September 19, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.:)
On September 19, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.:)
On September 19, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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waitingnwaiting
05-09 10:06 AM
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
For them there are strict check at airports.
For them there are strict check at airports.
more...
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swede
09-21 09:38 AM
swede and wonderlust:
the goal is to end retrogression for all. if this happens incremental steps then the movement will continue until the whole goal is achieved.
That should be the only goal. I am hoping that IV does not need to exist in the future, that everyone legal is getting a fair treatment, but that looks far away right now. Until then people need to fight.
I can understand and accept that US wants to promote certain groups of people for their skills, such as doctors and nurses since there is a shortage of them right now. US educated, since they have helped the US economy and school system and so on. But the core goal should still be fair treatment for all. No retrogression for legal professionals.
the goal is to end retrogression for all. if this happens incremental steps then the movement will continue until the whole goal is achieved.
That should be the only goal. I am hoping that IV does not need to exist in the future, that everyone legal is getting a fair treatment, but that looks far away right now. Until then people need to fight.
I can understand and accept that US wants to promote certain groups of people for their skills, such as doctors and nurses since there is a shortage of them right now. US educated, since they have helped the US economy and school system and so on. But the core goal should still be fair treatment for all. No retrogression for legal professionals.
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zCool
03-10 01:06 PM
I am in US.
I received RFE for H1b extension PP last week. Original application was Feb 28, RFE came Mar 6
I received RFE for H1b extension PP last week. Original application was Feb 28, RFE came Mar 6
more...
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shaq
02-14 08:32 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
Thank you
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roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
more...
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omahaguy
04-05 05:56 PM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
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nchendica
06-30 03:39 PM
It depends mainly on your ED evaluation, and also other officer, who got your file.
Some of them got approvals and some rejected.
Hope for the best.
Thanks,
Naga
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
Some of them got approvals and some rejected.
Hope for the best.
Thanks,
Naga
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
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GCBy3000
01-03 05:49 PM
It will help. I will give you an practical example.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.
My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.
The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
gsc999
03-03 07:19 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
---
Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
---
Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.
pappu
08-31 09:17 AM
if only we knew about this program in advance, we could've called. :mad:
Yes. Even I did not know it. I was trying to find out if Cspan was showing the hearings in Dallas and found this. I immediately tried calling the lines but they all seemed busy. There were some callers who were criticizing foreign high skilled immigrants and that jobs were being taken away from them and wages were being lowered and they are being allowed to come and stay in the country.
Lets see how the hearings go in Dallas. FYI IV has tried contacting the speakers in the hearing.
Yes. Even I did not know it. I was trying to find out if Cspan was showing the hearings in Dallas and found this. I immediately tried calling the lines but they all seemed busy. There were some callers who were criticizing foreign high skilled immigrants and that jobs were being taken away from them and wages were being lowered and they are being allowed to come and stay in the country.
Lets see how the hearings go in Dallas. FYI IV has tried contacting the speakers in the hearing.
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