alterego
07-15 11:03 AM
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
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arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
HOPE_GC_SOON
08-02 03:13 PM
Folks,
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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rk78
06-11 05:23 PM
sent e-mail to AZ senators
more...
yabayaba
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
dkjariwala
04-09 12:18 AM
The person was returning from the India trip. Anyway, I think I will shut up for now and get in touch with the person so that IV can help him and we can get some clarification on what IO can or can not do.
more...
pappu
07-01 06:11 PM
Everyone is busy partying.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
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ItIsNotFunny
12-10 08:45 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
EB3-India moved for 15 days. This sucks.
EB3-India moved for 15 days. This sucks.
more...
angelfire76
10-20 01:23 PM
How does it matter what their GC policies are, if we are left holding a piece of plastic in an country where we can't live in?
People now think one or the other is their savior, but only time will tell. Politicians can speak all they want, plan all they want, but the only thing they can do is react.
People now think one or the other is their savior, but only time will tell. Politicians can speak all they want, plan all they want, but the only thing they can do is react.
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ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
more...
TeddyKoochu
09-10 01:45 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
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priti8888
02-16 02:57 PM
2006 census
Total population of India,china, mexico and Philipines = about 40 % of world population
India - 17% of world Population
China- 20% of world population
Mexico- 1.7
Phillipines-1.3 %
------------
Ttl 40 % of world population.
so theres a reason behind this quota. Its not divide and rule.
Excluding US (4.3) , ICMP Still comprise of 35.7 % of world total
Total population of India,china, mexico and Philipines = about 40 % of world population
India - 17% of world Population
China- 20% of world population
Mexico- 1.7
Phillipines-1.3 %
------------
Ttl 40 % of world population.
so theres a reason behind this quota. Its not divide and rule.
Excluding US (4.3) , ICMP Still comprise of 35.7 % of world total
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thecipher5
10-12 03:22 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
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sri1309
09-12 08:25 PM
Guys,
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
more...
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sam2006
04-05 12:03 PM
I have done it also
response were good from the staff members
5$ per person who calls and posts his message here
i know all the consultants and IT are busy
please do it for a greater purpose in life
5$ per person from today-2morrow
response were good from the staff members
5$ per person who calls and posts his message here
i know all the consultants and IT are busy
please do it for a greater purpose in life
5$ per person from today-2morrow
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Macaca
01-18 10:06 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
more...
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willgetgc2005
04-20 05:11 PM
If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?
I will send my phone number as pm.
I will send my phone number as pm.
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Jaime
09-10 12:35 PM
You want to start your own company and give jobs to Americans, but can't- Because you are on an H1-B, and you are not allowed to work for your own company if you start one, so you cannot support yourself.
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ronhira
04-09 07:02 PM
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
angelfire76
09-28 05:57 PM
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.
The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.
Have I made it clear?
I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)
Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.
But let's not beat a dead horse and invite the wrath of admins or senior members.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.
The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.
Have I made it clear?
I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)
Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.
But let's not beat a dead horse and invite the wrath of admins or senior members.
angelina
09-26 12:44 PM
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
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