nat23
03-23 03:28 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
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bestofall
09-20 07:23 PM
You stolen all our Hearts :)
Thanks
Thanks
unitednations
04-23 01:04 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
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Desy
10-07 02:39 PM
Hi Friends,
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
more...
rajuram
02-06 12:04 AM
Got a response from John Mcain few days back. But when will words actually change into actions?
IV is our only hope, no one else cares.
IV is our only hope, no one else cares.
BharatPremi
04-16 10:22 AM
I have used it. I-140 approved. Currently working on EAD. Got the letter from new employer mentioning title similar to both of my GC labor bassed application example: title: Title1(EB3 based - old app/Title2(EB2 based - New app). I will be using that letter to inform USCIS for my AC 21 usage. I am waiting for my lawyer to take that task into his hand.My both GC is based on different but close labor codes. Currently I have not decided to port PD to new file but once I decide the same letter will work for that as well. My letter just mentions title and salary and which department I am working and to whom I am reporting. According to lawyer there is no need to put "Job Description" at all in that letter. I originally got the letter with job description (matching both codes) but my lawyer advised me to remove "job description" and thus I had to take another letter.
more...
alinaturkova
01-15 08:11 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
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mojo_jojo
01-17 08:59 PM
yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars
good luck friend.
how about your colleagues?
are they expats?
were they laid off too?
:confused:
good luck friend.
how about your colleagues?
are they expats?
were they laid off too?
:confused:
more...
sertasheep
02-26 04:40 PM
EndRetro,
If anyone from this group is visiting India in the near future, it might be helpful if you can arrange an audience with Ravi.....and make him aware of the concerns/issues..
What does the IV admin group have to say about this!?
If anyone from this group is visiting India in the near future, it might be helpful if you can arrange an audience with Ravi.....and make him aware of the concerns/issues..
What does the IV admin group have to say about this!?
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joydiptac
05-28 01:54 PM
....
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
more...
Green.Tech
11-07 12:04 PM
That would be the way to go. I assume you will probably look at a career change or change the job responsibilities in the same field, which may be a factor for the prior GC going to the boondocks. If on the other hand, you intend to stay in the same field and similar job profile, then striking a deal with your employer (that you would come and join them after your MBA) would be a way to keep your current GC process going. A leave of absence in that case would be the way to go.
You will get jobs easily in Europe after an INSEAD MBA. Why bother about coming back to US, and getting in the GC queue again?
You will get jobs easily in Europe after an INSEAD MBA. Why bother about coming back to US, and getting in the GC queue again?
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GCNirvana007
09-10 11:02 PM
Technically we are supposed to carry our original passport and visa papers, how many of us do it.
Personally i dont and i dont think they gonna make you accountable for that.
Personally i dont and i dont think they gonna make you accountable for that.
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hazishak
07-03 10:49 AM
I know some of you guys contacted with the TV channels but is there any news agency that will cover this VB mess?:(
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dilbert_cal
10-08 11:48 AM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
more...
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sands_14
10-06 12:35 PM
But remember that this does NOT include 3 LARGE groups of potential EB's:
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
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Steven-T
February 3rd, 2004, 09:49 AM
I think the Kodak has alot more problems than just AA problems!!!
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
more...
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vaishalikumar
09-18 10:11 PM
Today's work will definitely bring fruits tomorrow !
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pappu
08-13 03:56 PM
IV Members,
Attorney Prashanthi Reddy will be taking up questions on individual case problems as posed by members on this thread for free.
When:
Thursday, August 19, 2010 at 9:00 pm EST.
Dial in details:
Dial in: 1-712-432-3030
Code: 436964
To be able to ask questions, please note that following:
You have to be IV members, and have your profile updated.
You may ask questions ahead of time on this thread or send the question to IVCOORDINATOR@GMAIL.COM
Please be aware that you must be present in the conference call for the attorney to take up the question asked on the forums.
Have your questions formatted well with relevant details only and keep the questions simple and direct.
Depending on our member participation, we will have these calls on a regular basis, with a set date and time.
Questions must be only for your own personal case issues and the focus needs to be on your individual case issues.
The call will be moderated and everyone follows the rules set by the moderator.
PRIVACY AND CONFIDENTIALITY OF INFORMATION:
- There is no need to share your last name in the questions on this thread, or your corporate email addresses, or company names. You may chose to use a nickname or a nome-de-plume to identify yourself when you pose the question on this thread.
- You may want to pose questions from a personal computer (or personal internet connection). Neither Immigration Voice nor the attorney website posted here have control over editing if you mention or publish your email or your company names as part of any recordings or postings/transcripts. When members do send in this information with their questions, it only creates additional overheads to edit such information. If you indeed are mentioning your personal information over a conference call, do note that you are doing this at your own discretion and out of your own free will, and Immigration Voice or the featured Attorney Service is in no way liable for such information you have divulged at any time.
- Questions posed become the property of Immigration Voice or the featured Attorney Service for publication on the internet, print, voice or other media.
IMPORTANT DISCLAIMERS:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
Attorney Prashanthi Reddy will be taking up questions on individual case problems as posed by members on this thread for free.
When:
Thursday, August 19, 2010 at 9:00 pm EST.
Dial in details:
Dial in: 1-712-432-3030
Code: 436964
To be able to ask questions, please note that following:
You have to be IV members, and have your profile updated.
You may ask questions ahead of time on this thread or send the question to IVCOORDINATOR@GMAIL.COM
Please be aware that you must be present in the conference call for the attorney to take up the question asked on the forums.
Have your questions formatted well with relevant details only and keep the questions simple and direct.
Depending on our member participation, we will have these calls on a regular basis, with a set date and time.
Questions must be only for your own personal case issues and the focus needs to be on your individual case issues.
The call will be moderated and everyone follows the rules set by the moderator.
PRIVACY AND CONFIDENTIALITY OF INFORMATION:
- There is no need to share your last name in the questions on this thread, or your corporate email addresses, or company names. You may chose to use a nickname or a nome-de-plume to identify yourself when you pose the question on this thread.
- You may want to pose questions from a personal computer (or personal internet connection). Neither Immigration Voice nor the attorney website posted here have control over editing if you mention or publish your email or your company names as part of any recordings or postings/transcripts. When members do send in this information with their questions, it only creates additional overheads to edit such information. If you indeed are mentioning your personal information over a conference call, do note that you are doing this at your own discretion and out of your own free will, and Immigration Voice or the featured Attorney Service is in no way liable for such information you have divulged at any time.
- Questions posed become the property of Immigration Voice or the featured Attorney Service for publication on the internet, print, voice or other media.
IMPORTANT DISCLAIMERS:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
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vgayalu
04-04 10:46 AM
IV core guys need not to worry about any kind of comments.
There will be barking dogs always behind an Elephant.
We support IV Core Guys. Go ahead.
There will be barking dogs always behind an Elephant.
We support IV Core Guys. Go ahead.
designserve
12-06 04:58 PM
Live in Chicagoland...:)
singhsa3
01-10 08:36 PM
Labor substitution case..eh..
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 !
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