wahwah
06-05 12:46 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
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yabadaba
12-13 03:22 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
akgind
07-13 07:02 PM
The difference, my friend, will come about once the DREAM Act passes in its present form. The undocumented child will pay in-state tuition, whereas your child will keep on paying out-of-state tuition. And in 3 years, the former will get premanent residency or GC, whereas your child will still be in the line for H1, EB2/3, at the mercy of USCIS.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
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gc_kaavaali
12-28 06:15 PM
Hi logiclife,
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
more...
pady
08-20 09:57 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
northstar
04-29 03:56 PM
Typhoon costs about $135M a piece
Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)
Rafael costs close to $100M.
India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.
F-22's are not up for sale, how did you got that idea
Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)
Rafael costs close to $100M.
India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.
F-22's are not up for sale, how did you got that idea
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p_kumar
09-27 09:44 PM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
AND INTELLIGENT IO CATCHED IT?.:D
AND INTELLIGENT IO CATCHED IT?.:D
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krishnam70
07-10 06:02 PM
Lou Dobbs is playing to the galleries. The galleries are filled with people like him who are waiting for the sound bytes. The frenzy will keep increasing until it reaches crescendo like the NAZI campaigns. So we need to direct part of our media campaign towards stopping these lies. The only way we will get out coverage is to go out against the big ones and make the noise. We need to get all the ravings of Lou against the legal immigrants every sound byte , every word he uttered against legal tax paying wannabe immigrants( no nationality restrictions). If all of us unite and make a move against him it will make CNN see reason or Lou to talk facts and not the fiction he talks about us.
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vik352
11-21 01:52 PM
Let's start the call campaign. I want to be the baby that cries (or rather calls) a lot :-)
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ck_b2001
08-23 03:46 PM
It is an irony that most people here who raised valid concerns have "red" reputation. I sort of agree that we should have posting guideline and if some body is contributing it does not give them right to bash others. All this extra push, inappropriate language and finger pointing is hurting IV in the long run. One reason of IV's popularity is xxxxx members (80 % free riders even if). I agree that this forum is also to discuss your immigration issues.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
more...
masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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scorpion00
06-16 11:40 PM
It does not fall in that category
Thanks for the quick response.
Thanks for the quick response.
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WeShallOvercome
11-30 12:21 AM
.
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
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Jaime
05-26 09:36 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
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GCapplicant
07-08 04:43 PM
Nothing much is going to happen.she clearly has said 6039 is gone.So recapturing no doubt its also gone.
They love illegals than us.Immigration reforms means illegals,amnesty and citizenships.
I havnt received my AP applied Jun 29 2007.Nebraska.
Whenever we call them they have a standard answer 30 days,then 60 days.
Latest 30 days.
Its the same for GC too.
They are least bothered.CHC must have been everything.Is every immigrant genious,scientists,doctors,engineers like they have argued.They cannot build wall with only so called expected genious.
Discrimination to the core.
Not even next summer.
may be they will do for amnesty.so they can again boycott us and be busy with those applications.Lawyers can also earn well.
Great! God bless us.
They love illegals than us.Immigration reforms means illegals,amnesty and citizenships.
I havnt received my AP applied Jun 29 2007.Nebraska.
Whenever we call them they have a standard answer 30 days,then 60 days.
Latest 30 days.
Its the same for GC too.
They are least bothered.CHC must have been everything.Is every immigrant genious,scientists,doctors,engineers like they have argued.They cannot build wall with only so called expected genious.
Discrimination to the core.
Not even next summer.
may be they will do for amnesty.so they can again boycott us and be busy with those applications.Lawyers can also earn well.
Great! God bless us.
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forever
08-06 09:44 PM
They are processing cases based on I-140 approval date. It is clear now.
What is the analysis for this conclusion?
What is the analysis for this conclusion?
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nivasch
04-02 11:07 AM
Again sent the fax#10 and 11 to NJ Sen
Nivas
Nivas
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Lisap
08-22 12:45 PM
I will certainly keep my fingers crossed for you. Please keep me posted on the outcome. Best of luck to you.
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paskal
07-17 02:01 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
rvurady14
06-01 11:31 AM
Done.
mirage
08-10 07:26 AM
And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?