vicky007
12-15 01:01 PM
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
wallpaper Escrito por admin en Poemas y
cgs
08-21 10:42 AM
Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).
buehler
06-19 06:28 PM
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
2011 2011 poemas de odio y amor.
LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
more...
TwinkleM
02-17 10:13 PM
@ Saggi13, When did u file your I-140 & when was it approved? Does your situation mean that they have started processing your case?
alwayson
11-04 12:15 PM
EB2 India - 15-FEB-05
EB3 India - Same
EB3 India - Same
more...
mammoy2k
12-28 10:38 AM
Anyone invoking AC21 with unapproved I-140?
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
2010 Poemas De Amor; Poemas De Amor
bestia
01-26 10:30 PM
Here it is
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
more...
meridiani.planum
12-17 09:39 PM
There are disadvantage of filing AC-21 eg: RFE or Interview calls etc
What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?
Please advise
Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.
If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)
What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?
Please advise
Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.
If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)
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smc
09-19 04:33 PM
Actually, the numbersusa website makes mention of SA 2143 (John Cornyn) of HR 1585,(currently being debated) which according to them allows for recapture of unused EB visas from 1996 and 1997.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
more...
jjjun
04-02 01:07 AM
Fax sent
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casinoroyale
06-19 03:44 PM
But the text in the I-131 instructions is contradicting what you said.
If you have current AP, you can travel while your AP renewal is pending. AP renewal will be from the date when your current AP expire.
If you have current AP, you can travel while your AP renewal is pending. AP renewal will be from the date when your current AP expire.
more...
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gcdreamer05
07-31 11:12 AM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
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brawn81
05-12 11:54 AM
Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)
more...
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
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kriskris
03-26 01:31 PM
I have my TX license till 06-2013. With the new rules, I heard that DMV's in Dallas are issuing vertical cards which has an expiration date of EAD/H1b expiry date. I recently moved to a new apartment. When i try to change the address online it is asking me to go the nearest DMV. I dont want to loose my current license which has expiry till 2013. Is it OK if i dont change my new address on my drivers license or is there a way to get my new card with the old expiration date. my current EAD expires on 10/2009.
more...
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ssa
02-10 07:52 PM
Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off and (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.
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drona
09-04 06:04 PM
Please update your profiles in the User CP to "Yes - I will attend the rally in DC". This will enable you to receive the latest updates on the rally from IV Core.
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gk_2000
07-28 08:08 PM
Guys
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
shana04
02-13 12:23 PM
Here is my scenario:
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
Michael chertoff
10-27 10:26 AM
We also need people like You MC, to solve issues. are you not concerned about India? Please also let me know, How are you going to organise things as a great leader.
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
Mr.MC, no you are wrong.! at present only Jonia ganty and raul can solve this problem because they snatched the power by fooling India with EVM.
Whatever you say man. i am with you. your are a genius.
MC
