nav_kri
12-31 01:22 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
wallpaper elated happy irthday wishes.
ianlock
07-23 04:42 PM
thanks
should be due any time now then.
we will wait and see.
Ian.
should be due any time now then.
we will wait and see.
Ian.
felix31
04-26 05:47 PM
Great job IV team,
I am so glad about this article - and I am circulating it among my friends at my school..
I am so glad about this article - and I am circulating it among my friends at my school..
2011 Birthday greeting cards
from_va
08-25 03:54 PM
I was not able to vote. My Priority date is March 2005.
more...
BharatPremi
09-13 12:59 PM
When does the new fiscal year start?
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
BharatPremi
07-06 12:51 PM
I would not worry much about whether we receive our package back or not. Because If USCIS is "rejecting" then how would you/your lawyer know that it has "rejected" it unless it sends the crap back. So legally USCIS HAS to return /mail back to you otherwise it will face another lawsuite. The real question is How it will reject it? Would it open a package and check for insufficient/improper documents and put a note about it and then reject it OR just put a note of rejection on closed envelope and returned back without opening it? In second case we are absolutely fine as far as second time filing is concerned but guys in first scenario if you really send insufficient documents/improper documents then your case may be screwed permanently for second time filing. Actually people MUST ask about this to their lawyers before jumping into the bandwagon. I have asked and waiting for my lawyer's response.
more...
Macaca
06-16 07:37 PM
immigrants now pay for 90 percent of the agency's budget. They subsidize even non-paying applicants such as refugees, asylum seekers and U.S. military members.
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
The funds provided to jumpstart USCIS’ backlog elimination project have expired and the total number of pending cases has increased. This result does not bode well for USCIS as it must rely on only its own resources to continue the backlog reduction effort. This could be particularly problematic if there is comprehensive immigration reform.
The DHS Inspector General’s assessment cited in last year’s annual report remains true today: “[. . .] reclassifications, as well as the strategy of relying upon temporary employees, may benefit USCIS in the short-term, [B]will not resolve the long-standing processing and IT problems that contributed to the backlog in the first place. Until these problems are addressed, USCIS will not be able to apply its resources to meet mission and customer needs effectively
Pages 11-12
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
The funds provided to jumpstart USCIS’ backlog elimination project have expired and the total number of pending cases has increased. This result does not bode well for USCIS as it must rely on only its own resources to continue the backlog reduction effort. This could be particularly problematic if there is comprehensive immigration reform.
The DHS Inspector General’s assessment cited in last year’s annual report remains true today: “[. . .] reclassifications, as well as the strategy of relying upon temporary employees, may benefit USCIS in the short-term, [B]will not resolve the long-standing processing and IT problems that contributed to the backlog in the first place. Until these problems are addressed, USCIS will not be able to apply its resources to meet mission and customer needs effectively
Pages 11-12
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
(Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html))
2010 Home » Birthday » Birthday
BharatPremi
10-05 03:09 PM
Government of Power?
original name: gallant old party, Popularly known as Grand Old Party - Pet name for republicans. I think anti slavery people established in 18th century.ABraham Lincoln was first president from GOP..
original name: gallant old party, Popularly known as Grand Old Party - Pet name for republicans. I think anti slavery people established in 18th century.ABraham Lincoln was first president from GOP..
more...
sidbee
01-14 08:42 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
I think its only 1 time amnesty to all aliens who were present 5 years from date of enactment of this law, if it becomes a law.
hair Belated Birthday Wishes
kaisersose
07-09 11:29 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
more...
meridiani.planum
08-23 05:38 AM
A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
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nrk
08-11 11:08 AM
They are not the same.
Service Request you will open by calling 1 800 number and talk to an agent over the telephone.
Info pass appointment is you go to local USCIS office where you talk to one of the officers in person.
the below is the website to take info pass appointment
InfoPass.. (http://infopass.uscis.gov/)
Guys, I am not sure how to open a SR (Is SR and Info pass means same). Could any of you guys shed some light for me
Thanks guys
Service Request you will open by calling 1 800 number and talk to an agent over the telephone.
Info pass appointment is you go to local USCIS office where you talk to one of the officers in person.
the below is the website to take info pass appointment
InfoPass.. (http://infopass.uscis.gov/)
Guys, I am not sure how to open a SR (Is SR and Info pass means same). Could any of you guys shed some light for me
Thanks guys
more...
house elated greeting card.
meridiani.planum
08-26 12:21 AM
I was not able to vote. My Priority date is March 2005.
did you see the poll thread after logging in or before? the poll only works once you are logged in. Try logging in, and refreshing that page.
did you see the poll thread after logging in or before? the poll only works once you are logged in. Try logging in, and refreshing that page.
tattoo elated birthday wishes.
techno
03-01 09:23 AM
I've contributed today. I appreciate all the members who are working hard.
more...
pictures girlfriend Belated birthday
bugsbunny
04-21 01:57 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
dresses Belated Birthday Greetings
test101
06-28 01:30 PM
Hi
I filed I-40 on June,1th 2007. My lawyer will file my I-485 & I-765 by July 1st. I'm currently on F1- status , When i can start working? do i get an authorization to work before approval of the I-40?
I'm sorry but does anyone know the difference between EB3 and schedual A? I'm an RN and i was filed under EB3!
Thank you
I filed I-40 on June,1th 2007. My lawyer will file my I-485 & I-765 by July 1st. I'm currently on F1- status , When i can start working? do i get an authorization to work before approval of the I-40?
I'm sorry but does anyone know the difference between EB3 and schedual A? I'm an RN and i was filed under EB3!
Thank you
more...
makeup Belated Birthday Wishes
sanju
01-15 11:36 AM
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
Akshay was one of us and I feel saddened to read this news.
However, this violent act could possibly be a sign of tough economy. Although, the problem is, any attack on an "India" immigrant is covered by stupid of all NDTV and times of Iindia et al. How many people died in India because of violence yesterday in India? Anybody knows that number? Anybody? NDTV? TOI? None. Noe one cares. The United Stupid of the Media don't care and don't cover that news. NDTV is just trying to get more people to click on their webiste and read their news. And people people will fall in that trap if the headline reads like 'Indian Technie was killed in a violent attack'. People from the subcontinent will then click on the news.
The reality is, if you do math, and find out the % of population of "Legal Immigrants" if that is your concern, the crime on "Legal Immigrants" is lesser as compared to the crime involving attacks on natives. If your concern is that crime on "Indian Techie", then you can do the math and find out the % of population of "Indian Technie" to the other demography of the population, the crime on "Indian Techie" is less as compared to the crime involving attacks on any other demography. So this "news" style is flawed and "educated" people could use caution when subscribing to the conclusion of the news artiles we read, just as we should use caution reading any religious book. This cautionary practice of not subscribing to a viewpoint, just because it showed up in the newspaper or because it is written in a "book" by someone in the past, in my opinion differentiates between "an educated who went to school" and "an uneducated who went to school".
The reason for my writing this is, very soon you will see an article on NDTV with the deadlines something like - "200% increase in the crime against Indian techie" because last year 2 Indian techies died and this year that number jumped to 4. And everyone will read that news formulating an opinion that India techies are slaughtered on the streets of AR, and some will say AR and detriot is a very dangerous place to visit. And such opinion is as wrong as the opinion which suggests other for not going to Mumbai because there was a terrorist attack in Mumbai last November.
We should use caution with falling in the trap of the reporter/news media and not perceive the news what the news media wants us to understand, and maybe treat the news just the way the news is. That's all.
.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
Akshay was one of us and I feel saddened to read this news.
However, this violent act could possibly be a sign of tough economy. Although, the problem is, any attack on an "India" immigrant is covered by stupid of all NDTV and times of Iindia et al. How many people died in India because of violence yesterday in India? Anybody knows that number? Anybody? NDTV? TOI? None. Noe one cares. The United Stupid of the Media don't care and don't cover that news. NDTV is just trying to get more people to click on their webiste and read their news. And people people will fall in that trap if the headline reads like 'Indian Technie was killed in a violent attack'. People from the subcontinent will then click on the news.
The reality is, if you do math, and find out the % of population of "Legal Immigrants" if that is your concern, the crime on "Legal Immigrants" is lesser as compared to the crime involving attacks on natives. If your concern is that crime on "Indian Techie", then you can do the math and find out the % of population of "Indian Technie" to the other demography of the population, the crime on "Indian Techie" is less as compared to the crime involving attacks on any other demography. So this "news" style is flawed and "educated" people could use caution when subscribing to the conclusion of the news artiles we read, just as we should use caution reading any religious book. This cautionary practice of not subscribing to a viewpoint, just because it showed up in the newspaper or because it is written in a "book" by someone in the past, in my opinion differentiates between "an educated who went to school" and "an uneducated who went to school".
The reason for my writing this is, very soon you will see an article on NDTV with the deadlines something like - "200% increase in the crime against Indian techie" because last year 2 Indian techies died and this year that number jumped to 4. And everyone will read that news formulating an opinion that India techies are slaughtered on the streets of AR, and some will say AR and detriot is a very dangerous place to visit. And such opinion is as wrong as the opinion which suggests other for not going to Mumbai because there was a terrorist attack in Mumbai last November.
We should use caution with falling in the trap of the reporter/news media and not perceive the news what the news media wants us to understand, and maybe treat the news just the way the news is. That's all.
.
girlfriend Sorry for the elated birthday
coopheal
07-19 11:15 AM
EB3/FEDEX delivered on 02-Jul-07
hairstyles Birthday Greeting Cards
sre501
07-19 09:55 AM
EB3 PD April 2002 , filed 485 july 2nd fedex at 9.02 am
waitforgc1
04-06 11:56 AM
usually around 15 of every month
HOPE_GC_SOON
06-25 04:29 PM
Hi Mirage:
Can you pl. share some more info.
1) Which Center you sent it
2) Which date you sent it.
3) When did you receive the approved EAD.
This would open up better discussion. Appreciate your sharing. ;)
Thanks
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
Can you pl. share some more info.
1) Which Center you sent it
2) Which date you sent it.
3) When did you receive the approved EAD.
This would open up better discussion. Appreciate your sharing. ;)
Thanks
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
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