Eternal_Hope
02-08 08:56 PM
It would be helpful to everyone if all of you could also report the USD equivalent of the figures you are mentioning. Assume 1USD = Rs. 50 for simplicity. This would help the people who just skim the threads for information.
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sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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cram
09-21 10:21 PM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
more...
edaltsis
09-18 03:04 PM
As per the rule: Once you start working in a full time capacity for another company (other than your current H1B employer) will mean that your H1B is no more active. Something happens to your I-140 and then you are screwed (Remember that you cannot get back to H1B status after you started using EAD with a company other than your current H1B employer). So, be careful before you use your EAD until your I-140 is approved and 6 months of I-485 filing (I assume you completed the 180 day rule).
belmontboy
07-31 01:04 PM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
Wipro doesnot sponsor GC's that much.
more...
sanju
04-08 05:37 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.
Get lost.
.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.
Get lost.
.
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natrajs
04-21 02:38 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
Congrats and Best Wishes
Congrats and Best Wishes
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Rockey
06-22 10:17 AM
Sent the request for correction with my supporting documents.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
more...
pappu
11-10 10:57 PM
USCIS Ombudsmun Report - Total I140 approved:
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
found this on another site
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
found this on another site
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
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srisra
02-01 09:19 AM
Congrats...
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BMWX5
04-12 06:02 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
I agree with you.
I agree with you.
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buehler
11-20 11:25 AM
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
EB folks - brace for a bumpy ride
Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.
more...
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amsgc
04-22 09:59 PM
Indian companies like wipro, infosys discourage GC processes.
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
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smartboy75
07-09 01:59 PM
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
more...
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seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
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seahawks
07-19 08:32 PM
I work in CA, my I140 is approved from NSC.
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
Did my lawyer screw up?
No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.
I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.
Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
Did my lawyer screw up?
No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.
I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.
Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!
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Marphad
01-09 12:38 PM
Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???
And when we leave the country we surrender both the I-94s ???
No the current one!
And when we leave the country we surrender both the I-94s ???
No the current one!
blacktongue
01-26 03:30 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
US needs EB1 and Ph.Ds
Others not contribute as much
US needs EB1 and Ph.Ds
Others not contribute as much
sroyc
08-03 12:21 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
