niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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nozerd
12-25 09:34 AM
And are you doing anything to try and speed up your case since PD are current ?
My PD is before Oct 2001
My PD is before Oct 2001
aat0995
08-07 05:44 PM
Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.
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legalVoice
12-12 12:57 PM
In short they do not want us here.. they want to suck the money out of you, all the money you earned and saved.
more...
bobyal
05-12 10:46 AM
We as a community have not even done 5 % of the hard work that DREAM act advocates have done. So such provisions are well deserved by them for the hard work they have done. If we had done enough work for our provisions, there is no doubt our provisions would have seen the day. You need to do some search on all the DREAM act advocates have done in the last few years to reach where they are now. And then compare it our community effort and you will get the answers.
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
I am not blaming any one. We as leagal immigrants spent money in taxes and uscis fees. They spent the money for the campaign and lobbying.
I do feel we spent more than their campaign in taxes and fees.
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
I am not blaming any one. We as leagal immigrants spent money in taxes and uscis fees. They spent the money for the campaign and lobbying.
I do feel we spent more than their campaign in taxes and fees.
sundarpn
04-20 01:02 PM
The person looking at this letter might spend like 10 to 15 seconds glancing at it.
So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:
Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.
So we need to include like a subject line that in one sentence or two captures the essence of our issue(s). Something like:
Subject: LEGAL Skilled Immigrants - Issues faced with Employment Based (EB) Green Card process.
more...
whoever
04-13 08:23 AM
I dont think there will be any movement for May and June. July could see a big movement.
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NWISE
05-31 03:53 PM
Voted and commented... keep the momentum up! The vote is reaching 500... let's keep it moving up.
I think we're on the right track and this bill will bring some relief to us and for those to come.
I think we're on the right track and this bill will bring some relief to us and for those to come.
more...
rameshvaid
06-17 10:52 AM
^^^^^^^^^
I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
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himu73
07-19 03:30 PM
Show that this is an Emergency situation and try to get it preponed from US Embassy. They will consider the request.
No she cant becuase her visa appointment is on Aug 13.
No she cant becuase her visa appointment is on Aug 13.
more...
kumar1
08-24 10:35 AM
Yes you may.
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
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jsb
02-04 02:52 PM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
more...
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eilsoe
02-04 04:18 PM
whoops, eh, valor? :P
lol
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arc
10-04 11:23 AM
Did anyone transferred from NSC to CSC and back got FP notice?
more...
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arnab221
04-30 10:01 PM
Defence deals , trade , outsourcing and immigration have always been very closely related all these years . The main reason that Obama was in India was to sell American wares and the No 1 list of his agenda was the $10.1 Billion MMRCA deal apart from future contracts on India's Nuclear Power generation program.
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
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laborday
07-17 11:30 AM
Hey Guys, I don't know how many of you know about this link, but you can find out how your case is going and when it is supposed to be approved:
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
more...
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masti_Gai
09-15 07:40 AM
who said that after a GC ppl would settle down for a permanent job. No way
after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
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after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
I NEED A GREEN CARD PERIOD!!!:) :) :) :)
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paskal
09-01 10:46 AM
nixstor this is just standard senthil talk.
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
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fearonlygod
02-12 01:50 AM
He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
slowwin
05-14 10:26 PM
I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
yabadaba
06-05 02:52 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.