GCapplicant
08-17 04:56 PM
When will EB3 get its quota then How long we have to wait?I hope we dont get stranded in all this mess..
wallpaper hair tattoo roses. tattoo
bestin
12-21 08:33 PM
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
clif
03-07 09:23 AM
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
2011 2011 red rose tattoo. tattoo
meimmi
03-10 04:25 PM
Yes, for e-file you need to send the supporting docs by mail. In my case, I sent the copy of I-485 ASC biometrics notice which has mention of the receipt # and A # as proof of my AOS pending, copy of I-94, copy of the e-filing confirmation (Printout). You do not need to send photo as that will be taken during fingerprinting. The separate fingerprint is needed for e-file only. They take print of 1 finger. If you send your EAD papers with I-485, the 485 fingerprnt covers all I think. I do not think we need to go for fingerprint again for EAD renewal, though with USCIS that may be possible. ;)
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GCard_Dream
03-18 05:35 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
sanju
10-20 02:21 PM
well said.. but wait a minute.. why are we all debating.. we dont have voting rights... :D:D:D.. but whoever thinks mccain is the savior... god help them
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
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sanju
02-07 01:25 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
2010 red rose tattoo.
go_gc_way
01-13 10:37 PM
http://www.laborlawtalk.com/showthread.php?p=850460#post850460
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
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walking_dude
11-17 08:37 PM
Here's mine - NRC2008065496
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alex99
04-07 05:04 PM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
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eilsoe
02-27 07:47 AM
Sorry if it looks kind of blurry, but it�s just a preview render :) I would love to see how every body else is doing........... well, great I guess, but I�m just so curious! :D
sure...
http://www.avalon-rev.dk/junk/station1.jpg
still just a WIP :)
sure...
http://www.avalon-rev.dk/junk/station1.jpg
still just a WIP :)
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snathan
11-13 01:28 AM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
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pmb76
07-14 12:14 AM
I think the typo is INTENTIONAL and was meant to get your attention to this thread. I thought it was some congressman/congresswoman with last name Murphy who wrote to Chertoff. Otherwise I wouldn't come and comment on this news. Do you think Chertoff cares about Murthy's letter ?
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ajthakur
07-14 06:44 PM
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
Do you see any LUD change on your I-140 after you changed employers?
Do you see any LUD change on your I-140 after you changed employers?
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jcmenon
07-24 02:49 PM
jc menon...have u ever taken a law class? - No
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
more...
makeup rose tattoo 10
rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
girlfriend Rose Tattoos have been around
pappu
01-16 10:17 AM
All pls update your profile information wth your full details so that IV may contact you whenever needed. We had several hundred bounced emails today when we sent out our first round of newsletter for this drive.
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DDD
02-16 08:41 PM
looking good eilsoe.... I wish I had time to join. Wanna give myself a modo project.
jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
mbawa2574
02-15 07:21 PM
I agree.
What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc
Quota Quota Quota :)
What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc
Quota Quota Quota :)
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