hmehta
10-16 06:25 PM
Probably your lawyer is correct that you cannot take advantage of family leave (maternity act) with less number of employees in the company than required for that.
From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.
Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.
Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
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jgh_res
05-24 10:31 AM
AC 21 like no changing of the jobs when 485 pending for more than 6 months....
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
nozerd
01-21 03:22 PM
Like you I had been waiting since 2005 (when my labor and I 140 got approved) for my PD to be current. Now that its been current since October 1, 2008 and even had been current in few months in early 2008 I realize that its just one more wait.
Nothing is going top happen by increasing quota unless USCIS speeeds up processing and decised to process based on a documented criteia (right now its completely random as TSC and NSC are out of synch and neither seems to follow any sequence of PD, ND or RD).
Me and others like me have been waiting since 2001 and we are still stuck even though PD is current. We have a special thread for us who are pre OCt 2001 PD and are still waiting. So if anything focus on getting USCIS to process orderly and efficiently. If you increase quota but dont change USCIS behaviour you will be worse off.
Nothing is going top happen by increasing quota unless USCIS speeeds up processing and decised to process based on a documented criteia (right now its completely random as TSC and NSC are out of synch and neither seems to follow any sequence of PD, ND or RD).
Me and others like me have been waiting since 2001 and we are still stuck even though PD is current. We have a special thread for us who are pre OCt 2001 PD and are still waiting. So if anything focus on getting USCIS to process orderly and efficiently. If you increase quota but dont change USCIS behaviour you will be worse off.
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redcard
02-19 12:49 PM
Do you know how much more the premium would be for this product compared to regular term? I am guessing a lot more. In that case whole life is better where the cash value generated would pay much more after 30 years based on a low 5.5 - 6% estimated annual return. But of course it is for folks who will stay in US at least 15 years+ because after 15 yeras the Cash Value could itself pay for the permium and you do not have to pay any more premuims unless you wish to boost the Cash Value further.
Its not a lot more.. about $200 more per year.. ... but atleast you get back all your money..
Its not a lot more.. about $200 more per year.. ... but atleast you get back all your money..
more...
vinodmp
02-06 03:07 PM
I am looking for help in wrongful I485 denial of 485 with AC21 .
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
ameryki
08-26 05:46 PM
i just saw this on sahara one..the commisioner of DOT of NJ is a desi.....
more...
sanju
03-02 10:40 AM
In short, what I am trying to say is members are doing what they can in these tough times. Definitely they can and will do more if we have some directions or flexible campaigns.
we have what we have in terms of participations, donations etc ..why not have an easier campaign (flower/letter) which will get maximum participation and also show that something is happening.
as for media campaign ..sooner or later more confident speakers will come forward (who knows ..maybe many present members are not confident speakers or media shy)
The problem that we (including myself) have is work life is more hectic and tense now, since layoffs are happening in front of our eyes. and hence if we have campaigns like going to DC or to go for media interviews ..it is very difficult.
Wow how did I miss this one. So you only want campaigns that are easy, flexible, not difficult, something we can do without moving our a$$, something that doesn't involve speaking with anyone including reporters, lawmakers/decision makers etc etc. Well thats too many specifications for how and which type of campaigns you want to participate. Do you expect Senators and Congressman to log on to this forum to find out the problems albertpinto is facing because he is a good guy, right?
I agree things are going to get real VERY VERY bad soon. Things that most us find difficult right now will sound like cake walk as compared to what we are about to experience. So hang tight, we are in for a ride that no one has experienced before. I think things will be so tough that in the future we will remember these times as good times. So design your specifications for the "easy" campaigns and feel good about writing on some blog expecting some Senator will read your post and notice your competence to FedEx you your green card. For now lets count those fantasy land easy campaign of yours.
.
we have what we have in terms of participations, donations etc ..why not have an easier campaign (flower/letter) which will get maximum participation and also show that something is happening.
as for media campaign ..sooner or later more confident speakers will come forward (who knows ..maybe many present members are not confident speakers or media shy)
The problem that we (including myself) have is work life is more hectic and tense now, since layoffs are happening in front of our eyes. and hence if we have campaigns like going to DC or to go for media interviews ..it is very difficult.
Wow how did I miss this one. So you only want campaigns that are easy, flexible, not difficult, something we can do without moving our a$$, something that doesn't involve speaking with anyone including reporters, lawmakers/decision makers etc etc. Well thats too many specifications for how and which type of campaigns you want to participate. Do you expect Senators and Congressman to log on to this forum to find out the problems albertpinto is facing because he is a good guy, right?
I agree things are going to get real VERY VERY bad soon. Things that most us find difficult right now will sound like cake walk as compared to what we are about to experience. So hang tight, we are in for a ride that no one has experienced before. I think things will be so tough that in the future we will remember these times as good times. So design your specifications for the "easy" campaigns and feel good about writing on some blog expecting some Senator will read your post and notice your competence to FedEx you your green card. For now lets count those fantasy land easy campaign of yours.
.
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Jayr
08-22 02:15 PM
I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
more...
cbpds
07-05 04:19 PM
Too bad u fell for Obama's political POS :)
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
After listening to his crystal cut views about fixing broken immigration system, my confidence level is boosted and felt like Dr.Obama has guts to deal this challenging CIR initiative for the better future of immigrants and for families of all of those hardworking smart legal immigrants who have been waiting for approvals from past 10 years. Hope it's not alluring speech for his upcoming elections. Problem clearly persists with politicians who don't like our EB VISA applicant community.
I think these following things should be the high priority items for IV core team and to all of us. People who have been patiently waiting to file for 485 since JULY 2007 are loosing hopes based on ongoing immigration trends. I think that it would take at least another 2 or 3 years to pass the CIR and to see it's law in action if GOP fellas have guts and to let this pass it successfully. I think that we should focus on two things to minimize the damage to our personal and professional lives.
I think one quick solution for fixing the issue of century old broken immigration system of USCIS is by allowing disciplined and long waited legal immigrant applicant to file for 485 application once his/her (I-140) application is approved. (Technically, I-140 is the real application for employment based green card. It makes sense for allowing applicant to file for AOS application (I-485 for personal information). this is justifiable with the current USCIS practice as USCIS doesn't approve his/her green card even if his/her PD ( Priority Date) is current unless they have visas to allocate for the case, so it should make prefect sense for 140 approved applicants to allow them to file for I-485)
Another thing is about huge EB backlogs for this broken system , that can be fixed temporarily by supporting and passing the recapture bill which allocates visas of those unused and wasted around 400K immigrant visas of last several years..
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hiralal
09-11 09:44 PM
to see higher number.... more than 77% at this time.....
you really need to improve your spelling ..or you need a new keyboard before a house ..(see dictionary for surprized and peding)
you really need to improve your spelling ..or you need a new keyboard before a house ..(see dictionary for surprized and peding)
more...
ita
11-08 05:18 PM
Happy Deepavali to everyone.
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Humhongekamyab
01-15 02:53 PM
I wonder whether proper first aid was given to the person.
People do normally survive gunshots to leg!!
"He was near his home when somebody perhaps demanded some money. He was fired at and bullets hit him in the leg. Due to this, his arteries bled profusely which led to kidney failure," Murthy said.
People do normally survive gunshots to leg!!
"He was near his home when somebody perhaps demanded some money. He was fired at and bullets hit him in the leg. Due to this, his arteries bled profusely which led to kidney failure," Murthy said.
more...
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rbutler
07-18 03:47 PM
I am in a similar situation getting married in Sep07 and returning with my wife at end of Sep'07. It is little scary, as some say it might be risky not to apply along with the spouse.
Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?
I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.
PD: Sep2006
I-140: Approved 06/2007
Thanks
Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?
I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.
PD: Sep2006
I-140: Approved 06/2007
Thanks
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smisachu
09-22 10:20 PM
Why don't we mail copies of our degree certificates, diplomas and other credentials? They will know who is more educated..Lou Dobbs or us !!!
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
more...
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ashwin_27
04-20 11:56 PM
those who were at the advocacy day saw the amount of behind the scenes efforts IV core and coalition partners are putting in. We are lucky to have folks who have a deep understanding of the politics in DC as well as public policy. So I am sure that from a lobbying and advocacy viewpoint with lawmakers in DC...the best is being done.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
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starscream
05-26 04:33 PM
especially the reasons you gave as to why this bill is interesting...this bill does not scream employment based immigration but as I see it it does have has employment based visa provisions along with much wider and extensive family based gc provisions ..also there is no mention of temporaray visas / temp workers with tis bill..no mention of legalizing illegals to legal ....it is focussed exclusively on reducing waiting time for GCs for folks who are in the queue with more emphasis on family based
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
more...
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jsb
03-19 02:15 PM
Simple math can easily prove most EB3s will NOT get the GCs even in 20 years......
Maintaining long lines is a way to discourage more people from trying or aspiring. Do you think government should be trying at these economic times to do something, not to have long lines, so that more people can try to come in?
Maintaining long lines is a way to discourage more people from trying or aspiring. Do you think government should be trying at these economic times to do something, not to have long lines, so that more people can try to come in?
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Goodintentions
04-11 07:57 AM
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
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Best wishes!!!
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sunny1000
07-06 03:13 PM
Yes. everyone must read those posts before they start giving their expert opinion for or against something.
Can someone post the link for the above posts by the core members?
Thanks.
Can someone post the link for the above posts by the core members?
Thanks.
snathan
07-15 12:16 AM
I heard that H1B can not Life insurance. is it ture. if so whats the option.
desi3933
06-30 02:19 PM
still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
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