jsb
12-18 04:20 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
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chumki
12-18 02:30 PM
ok - it didnot leave on my own but got laid off. so i had no choice and i got laid off just 14 days before 180 day mark so my petitioner employer will thus not revoke 1-140
but,
i started the new permanent and smilar job 11 calender days before 180 days and now if I file AC-21, this will be a major issue now??
SO, in that case, should I just sit tight and do nothing with AC-21 filing?
I am very nervous now, please advise
but,
i started the new permanent and smilar job 11 calender days before 180 days and now if I file AC-21, this will be a major issue now??
SO, in that case, should I just sit tight and do nothing with AC-21 filing?
I am very nervous now, please advise
gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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hopefulgc
07-27 05:42 PM
and u are saying this coz u r a programmer for uscis?
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
more...
dallasdude
06-10 03:44 PM
You can make whatever you like of the current situtation, but let me tell you something.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
There is a HUGE difference between being TOLERATED and BEING LIKED.
I am sure you have the intelligence to see the difference.
You can "tolerate" someone you don't like, but you can not "welcome" someone whom you don't like. I for one, donlt want to be in the "tolerated" category.
And may I ask, what exactly is your definition of hostility? Being chased down the street by a bunch of thugs, who think you should be in their country, or the kind of passive hostility being practised as of now?
You are free to go back to your home land if you feel like you are not welcomed here.
Abhinaym
07-29 12:37 PM
Is not DUE the limits, is due many aplications from India.
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
more...
mirage
12-12 01:11 PM
The more the evil called 'Labor Subsitution' is alive, the more grief we are gonna get. Especially EB-3's. BEC's are chruning out labors, I'm sure 50-60 % of the benificiaries have moved on. But there approved Labors are being sold openly. I'm guessing there are atleast 30-40K EB3 India in 2001-2003. You can Imagine How any years it'll take for the dates to cross 2003 Dec. My calc is
roughly
3000 EB3 numbers available every year.
statistics says average 2.5 visas are used by each benificiary family. Conidering that if Congress doesn't change anything(Doesn't release any new Green Card numbers and make not change whatsoever) I am guessing it should take 25-30 years for date to become current for an EB3 guy with PD Jan'2004
roughly
3000 EB3 numbers available every year.
statistics says average 2.5 visas are used by each benificiary family. Conidering that if Congress doesn't change anything(Doesn't release any new Green Card numbers and make not change whatsoever) I am guessing it should take 25-30 years for date to become current for an EB3 guy with PD Jan'2004
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md2003
09-10 01:27 PM
Even if i-140 is not approved one can still invoke ac21 (after fileing i485 and after 180 days) . But, your original employer has to answer if there is any i-140 rfe. And original employer can withdraw i-140 at any time until it get approved. So bottomline is, don't try to invoke ac21 until i-140 approved and your i485 is 180 days over.
more...
Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
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DoggyStyle
07-21 11:48 PM
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
I agree. They just blame Indians for everything they fail.
I agree. They just blame Indians for everything they fail.
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raysaikat
04-10 12:32 AM
So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
USDream2dust
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
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shukla77
06-23 06:49 PM
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
Cheers..
more...
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drak70
01-04 07:29 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Did I miss something:
the orginal posting says "married to two persons" and ."both his spouses "
we all assumed they are female;).other wise only Massachusetts may be the place to stay:D:D:D
Did I miss something:
the orginal posting says "married to two persons" and ."both his spouses "
we all assumed they are female;).other wise only Massachusetts may be the place to stay:D:D:D
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tikka
03-23 02:31 PM
NYC members - please respond to me. Lets coordinate on this.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
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rpat1968
08-06 10:15 PM
My PD is EB2 - July 2004.
I-140 Approved from TSC
I485 submitted in NSC 2nd July. Receipt date 9th Aug.
Working for same employer for last 5 years.
Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).
I-140 Approved from TSC
I485 submitted in NSC 2nd July. Receipt date 9th Aug.
Working for same employer for last 5 years.
Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).
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bujjigadu123
03-03 06:03 PM
it looks like it was a "hoax" or mistake on their part.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
more...
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bujjigadu123
02-22 03:43 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.
However I haven't heard an officer visiting one's home.
Hi,
Can you please provide me with the information about the questions your friend faced?. I would appreciate your response.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.
However I haven't heard an officer visiting one's home.
Hi,
Can you please provide me with the information about the questions your friend faced?. I would appreciate your response.
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drak70
04-13 05:19 PM
I think you should write a Complaint letter to State Bar against attorney and second to the USCIS office which laisons with immigration attorneys
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
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walking_dude
11-21 11:57 PM
I have talked to IV leadership and they have agreed to hold a rally in March 1st Week, if sufficient numbers indicate willingness to participate.
http://immigrationvoice.org/forum/showthread.php?p=303461
So can we please stop blaming IV leaders and start showing them our support by indicating our support?
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
http://immigrationvoice.org/forum/showthread.php?p=303461
So can we please stop blaming IV leaders and start showing them our support by indicating our support?
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
pavish
08-31 08:41 PM
I cant seem to open the article. Are others having the same problem?
laborday
07-17 09:29 AM
as expected Nebraska is crawling :mad:
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