gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
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ketumax
06-19 11:35 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
vaishnavilakshmi
06-22 08:18 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
hi,
we are in the same boat and our lawyer also say the same!
vaishu
hi,
we are in the same boat and our lawyer also say the same!
vaishu
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HRPRO
03-08 03:55 PM
It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.
more...
rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
wata
06-22 02:23 PM
For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.
do you know if you can retain your PD from your eb3 application for your new application..
do you know if you can retain your PD from your eb3 application for your new application..
more...
martinvisalaw
08-12 02:02 PM
First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
2010 tia mowry baby bump.
Blog Feeds
11-05 08:40 AM
Philip Wolgin lists on Huffington Post his ideas for smaller items Congress could consider since CIR is effectively dead. Some are obvious, but others less so. They are 1. DREAM Act 2. AgJobs 3. Make the EB-1 category more reasonable. 4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support. 5. Eliminate the one year bar on asylum claims.
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
more...
ak27
07-18 08:33 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
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amindarshana
12-01 11:04 AM
Thank you Wandmaker..
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
more...
tampacoolie
07-08 06:26 PM
We need diagnosis code and billed amount for each of these codes. Does any one know what is the diagnosis code for preventive care visit? How do we get the billed amt for these codes ? Any nurses can help us here.
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pappu
08-16 03:41 PM
We have an opportunity for TV interview and coverage of IV.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
more...
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dionysus
01-16 11:59 PM
Does your RFE for paystubs have any time-bound constraint on it? Meaning, do you have to respond within certain period of time, or can you take indefinite time in responding.
The reason I am asking is because there can be different solutions for these two different scenarios.
The reason I am asking is because there can be different solutions for these two different scenarios.
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eb3_nepa
08-11 09:58 PM
I'll take it all, where do I pick it up from? ;)
more...
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GCLONGWAIT
02-14 10:08 PM
I used Raj Travels people for submitting my paper work at VFS. I got my stamping done in september 2009
dresses “They say that the aby
amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
more...
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eb2_immigrant
09-08 02:11 PM
There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
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nhfirefighter13
June 20th, 2004, 10:18 AM
I need to hand in three photos for my final this week.
These are them. Let me have it. :)
These are them. Let me have it. :)
hairstyles ACTRESS TIA MOWRY HAS A GREAT
pdakwala
05-30 01:52 AM
Thanks to everyone who had called me directly. I got pretty good response and I appretiate your interest. I would like to thank everyone who posted the message on this thread and kept this thread alive.
I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.
Cheers
I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.
Cheers
pappu
06-09 10:37 AM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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