logiclife
12-28 12:44 PM
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
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gapala
04-16 01:57 PM
Did you get an RFE before denial?
Could you please post who did the education evaluation for you? Was it a course by course eval?
It will also help if you could provide details on your labor certification category such as
section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..
'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.
Could you please post who did the education evaluation for you? Was it a course by course eval?
It will also help if you could provide details on your labor certification category such as
section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..
'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.
wellwishergc
04-10 09:19 PM
Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.
Good luck and nite!!!
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
Good luck and nite!!!
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
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pady
08-05 02:41 PM
My EAD is pending in NSC for almost 2 months, Filed on June 9th (Efile), got fingerprint notice in June 3d week, done on Jul 8th. Nothing happened after that.
Since my dates are current (EB2 I, June 2005), I am just thinking they MAY aprove my 485 instead of EAD. Just a thought. What do you guys say?
Since my dates are current (EB2 I, June 2005), I am just thinking they MAY aprove my 485 instead of EAD. Just a thought. What do you guys say?
more...
paskal
06-24 07:18 PM
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
Folks,
I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!
Folks,
I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!
bluekayal
02-10 10:37 AM
I've sent you a pm Oguinan.
Way to go!
Way to go!
more...
Kitiara
02-03 05:24 AM
:blush:
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GCHope2011
11-11 04:46 PM
Why not 3 more years either :)
Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
Maybe right now even achieved a bit more than the illegal immigration lobby.
How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.
Donations start at a one time of $25, even if that's the only thing you do all year.
There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.
The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.
Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
Maybe right now even achieved a bit more than the illegal immigration lobby.
How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.
Donations start at a one time of $25, even if that's the only thing you do all year.
There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.
The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.
Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I am not underestimating the value of $300 per-year, but compared to the value that this is likely to drive, it is certainly an investment that can provide handsome returns.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
more...
eilsoe
02-03 06:24 AM
:phil: heehee...
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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?
more...
crazy
06-07 11:35 AM
I am in 4'th year of H1b. I filed for I 140 and got approved in May 2006.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
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GCaspirations
10-04 03:51 PM
Did anyone transferred from NSC to CSC and back got FP notice?
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
more...
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rameshvaid
05-31 05:55 PM
Please try to contact your chapter from this page
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
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pady
08-20 04:14 PM
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
more...
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aparnak
04-01 08:07 PM
Fax 11 sent
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jungalee43
02-13 07:03 PM
I have also observed all my H1Bs that expired 4 years and two years ago, have got soft LUDs after I used AC21.
In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.
In fact the status on my I-485 case stopped changing even when they issued RFE and FP notice. I straightaway received these notices. The status on my case has not changed for last six months, my FP happened 3 months ago. So now I get scared even if there is just LUD on any of my cases as I am not sure what is this about.
Overall AC21 has been a very tense experience for me. Please do not go that way if your original employer is a real bad guy. In my case the original employer was as bad as one could be, the laywer that new employer hired is as insensitive, arrogant and crack-pot as one could be and new employer absolutely careless.
Full one and half year has passed since I changed employer, six months since I submitted my evidence, almost four months since my second FP and I still don't know what is going to happen.
So my advise to all of you, think ten times before embarking on this risky or rather tension packed journey. There is no thrill in it.
more...
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alterego
10-11 04:27 PM
Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
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InTheMoment
12-02 08:14 PM
Finally something concrete: :D
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
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champu
03-12 12:10 AM
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
No H1B works on 1099.
Also how uscis can crack down on %age system.
No H1B works on 1099.
Also how uscis can crack down on %age system.
H4_losing_hope
02-29 05:43 PM
I have sent the letters to both WH and to my state congressman who happens to be a co-chair of India Caucus.
Thanks for joining in the campaign :)
Thanks for joining in the campaign :)
rolrblade
03-17 08:41 AM
Engrr:
What has happened here is extremely unfortunate. What I would recommend is that you file a new PERM application. You could appeal the decision, but considering the complications of your course work and degree, it would be an uphill fight. In your appeal, I dont believe that the case would have much merit if it fought purely on the basis of your attorney saying that "he marked the incorrect box".
Good luck!
What has happened here is extremely unfortunate. What I would recommend is that you file a new PERM application. You could appeal the decision, but considering the complications of your course work and degree, it would be an uphill fight. In your appeal, I dont believe that the case would have much merit if it fought purely on the basis of your attorney saying that "he marked the incorrect box".
Good luck!
