h1-b forever
01-13 09:11 AM
How much does the Transit visa cost?
wallpaper Maserati Quattroporte Sport GT
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
greencard_fever
08-05 10:52 PM
I think signature is not getting displayed here.
PD:- December 28 2004 EB2-I
140:- Approved on 01/31/2008
I1485:- Pending at NSC
I485 RD:- 07/23/2008
Last LUD on 485:- 08/04/2008
FP:- Done
PD:- December 28 2004 EB2-I
140:- Approved on 01/31/2008
I1485:- Pending at NSC
I485 RD:- 07/23/2008
Last LUD on 485:- 08/04/2008
FP:- Done
2011 2011 Maserati Quattroporte
Vsach
07-27 08:01 PM
You are being a jerk and don't encourage others to be:mad:
more...
shamu
01-11 09:37 PM
<Quote>About point 4, I am trying to find a hospital that would provide a payment plan in Dallas area.</Quote>
I believe all hospitals provide payment plan.
I really appreciate your help Pallavi
I could not think that some many of IV'ans are responding and trying to help each other.
This is highly appreciable!
Thank you all.
I believe all hospitals provide payment plan.
I really appreciate your help Pallavi
I could not think that some many of IV'ans are responding and trying to help each other.
This is highly appreciable!
Thank you all.
gsc999
11-10 11:46 AM
Filed July 18th, no FP yet
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spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
2010 Of Maserati Quattroporte
missourian
05-29 05:22 PM
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
more...
lost_in_migration
05-29 04:31 PM
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
hair The new Maserati Quattroporte
lostinbeta
02-02 11:48 PM
I voted ;)
It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.
all were excellent entires though.
Bravo.. Bravo
:evil:
It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.
all were excellent entires though.
Bravo.. Bravo
:evil:
more...
tanu_75
08-02 06:13 PM
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
hot Maserati
nandakumar
05-15 01:42 PM
I agree,
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
more...
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shamu
01-12 04:25 PM
In Dallas (Las Collinas), if you dont have medical insurance, you can have an arrangement with the Doctor and Hospital.
Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.
Hope this helps.
To every one, thanks to one and all.
Here are my results, that I came out after one day research
************ Los Colinos Medical Center (Dallas Texas)
***********Regular*************C section
Dr *********4000***************4500
Hospital******3850***************5800
Anesthesio ***0000***************1000 (approx)
Total Exp ****7850***************11300
************Richardson Medical Center (Dallas Texas - Richardson)
************ Regular***************C section
Dr Fees ******2800***************3500
Hospital******4400***************6400
Anesthesio****0000***************1000 (approx)
Total ********7200***************10900
Total expenses if you pay by cash and this has to be paid before hand.
There was one more option i.e parkland systems in dallas area. But for that you to personally go to them and they asses your pay for the family and only then they will let you know the cost. I beleive it would be around the same or may be around 8000 dollars.
Thanks to one and all.
Like one of my friend paid 3K for everything for Delivery + 5K I think for the hospitals. Ofcourse this is based on the delivery is not complicated / C-section couple of years ago.
Hope this helps.
To every one, thanks to one and all.
Here are my results, that I came out after one day research
************ Los Colinos Medical Center (Dallas Texas)
***********Regular*************C section
Dr *********4000***************4500
Hospital******3850***************5800
Anesthesio ***0000***************1000 (approx)
Total Exp ****7850***************11300
************Richardson Medical Center (Dallas Texas - Richardson)
************ Regular***************C section
Dr Fees ******2800***************3500
Hospital******4400***************6400
Anesthesio****0000***************1000 (approx)
Total ********7200***************10900
Total expenses if you pay by cash and this has to be paid before hand.
There was one more option i.e parkland systems in dallas area. But for that you to personally go to them and they asses your pay for the family and only then they will let you know the cost. I beleive it would be around the same or may be around 8000 dollars.
Thanks to one and all.
tattoo Maserati-Quattroporte-
vin13
06-24 07:08 PM
Firstly, I'm a supporter of CIR...but I still sense some ambiguity in these lines...
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
The specific details is what we are all waiting for. CIR seems to be the only way to expect some change for EB. We need to work for this change to be a good one for us.
may be it's just me...:)
"Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics"
The specific details is what we are all waiting for. CIR seems to be the only way to expect some change for EB. We need to work for this change to be a good one for us.
more...
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WeShallOvercome
07-27 03:09 PM
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
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cloud 9
05-31 01:30 PM
Voted
more...
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lazycis
11-30 01:30 PM
Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!
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shana04
02-12 06:32 PM
USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
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flipflop
11-18 02:23 AM
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
eb3_nepa
06-26 11:47 PM
This is by far THE MOST RIDICULOUS suggestion on this forum I have come across.
Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)
Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)
pkjena
08-01 10:40 PM
USICS Memo on this is too good for a change. From where did Murthy get the Q & A ? Is it from here ?