desi3933
06-23 12:19 PM
Can an employer revoke the I-140 after 180 days of I-485 pending?
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
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mahujam
08-04 01:54 PM
What is your application PD and Category?
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
nmdial
09-09 10:03 AM
I read this as a status message of a CEO sometime back on linkedin:
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
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anzerraja
07-19 08:06 PM
Tikka && RAMUS where are you guys ? Help us with advertising this thread.
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gcbikari
04-25 01:50 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
trd
07-20 10:23 AM
I Pledge $100
more...
akhilmahajan
02-09 05:25 PM
Thanks a lot srinivas.
Grand Total - $649
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
Grand Total - $649
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
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Saralayar
09-04 02:43 PM
Bump /\/\/\/\
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ashwin_27
11-17 04:12 PM
Done.
Please spread the message.
Please spread the message.
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sirinme
09-30 10:30 AM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
more...
senthil1
07-26 01:34 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
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sujith1
07-30 09:10 AM
Receipt Date - July 11
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
Card Production Ordered July 29
This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.
No logic to any of this :mad:
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xela
02-15 08:07 AM
Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!
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gbof
05-10 12:50 PM
I think it is ironic that we (from India) complain about quota on GC when we are the masters of quotas whether it be in education, workplace, politics etc. I myself was not affected by quotas in India, but I know several friends who were, simply because they were born in "upper caste" and therefore had to be denied opportunities as "revenge" for the injustice meted out by their ancestors several centuries ago, instead of being based on economics.
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
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FrankZulu
08-20 02:37 PM
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
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tabletpc
11-21 02:10 PM
Just like everyother memeber has expressed opinion, i was shocked to read your posting.
May god give you the courage to handle the stress and resposibality you have now.
I keep trying to convince.."Did i realy read that posting or was it just a bad dream"..unfortunalty its not a dream..!!!
Do get it checked from well know doctors. Here is a youtube version of comenecement speach given by Steve Jobs. Even he was diagnized with cancer and he spent whole day thinking of his resposibality. But that evening the doctors realzied it was curable cancer and were in tears ..!!!
http://www.youtube.com/watch?v=D1R-jKKp3NA
be strong...
May god give you the courage to handle the stress and resposibality you have now.
I keep trying to convince.."Did i realy read that posting or was it just a bad dream"..unfortunalty its not a dream..!!!
Do get it checked from well know doctors. Here is a youtube version of comenecement speach given by Steve Jobs. Even he was diagnized with cancer and he spent whole day thinking of his resposibality. But that evening the doctors realzied it was curable cancer and were in tears ..!!!
http://www.youtube.com/watch?v=D1R-jKKp3NA
be strong...
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sankap
07-10 03:20 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right? Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
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nc14
09-10 07:09 PM
rahulp,
What has been your contribution so far (not just monetary but otherwise?). Why don't you lead an effort and be the one which shows some leadership so that we all EB3's can follow you?
I guess you have an EAD and AP but instead of going into the details of what role IV played to get us to that stage you can just spit BS over here.
I am sure you have read Pappu's post a few times, next time just see what his category is.
Thanks but no thanks for your 2 cents, which are worthless because that is all you have to offer.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
What has been your contribution so far (not just monetary but otherwise?). Why don't you lead an effort and be the one which shows some leadership so that we all EB3's can follow you?
I guess you have an EAD and AP but instead of going into the details of what role IV played to get us to that stage you can just spit BS over here.
I am sure you have read Pappu's post a few times, next time just see what his category is.
Thanks but no thanks for your 2 cents, which are worthless because that is all you have to offer.
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
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CADude
08-23 12:56 PM
I am not sure if TSC receiving/encashing 485 application all 5 days. We get few check encashment then lul for couple of day. then again few more...
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
gsc999
07-08 05:40 PM
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
senthil1
07-07 09:24 PM
This reply shows that because no visa is available they cannot accept the applications. If courts find any mistake Judge may order to correct the procedure. It is tough for courts to order USCIS to accept I485 when Visa number is not available. In case court dismisses the lawsuit then DOS and USCIS will make those happenings in July as a precedence. It needs to be seen how the drama unfolds
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
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