chanduv23
09-25 10:14 AM
In such cases, where the InfoPass people (IOs or VOs or whatever they are called) pass judgement on whether your 485 should be approved or not, does it help to bring a printed copy of the AC21 Aytes memo (issued in Dec 2005)along to show to them? It is an official USCIS document and it clearly states the following.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
Well - what is the point? I will take all documentation if it is an interview, in fact I will take lawyer for interview. When you go for interview, take kids and spouse and lawyer - don't go alone.
One must not expect much from Infopass. If you get info - great if not - jst leave it.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
Well - what is the point? I will take all documentation if it is an interview, in fact I will take lawyer for interview. When you go for interview, take kids and spouse and lawyer - don't go alone.
One must not expect much from Infopass. If you get info - great if not - jst leave it.
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whattodo
05-09 12:25 PM
Even I was interested in similar scenario.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
Any response will be appreciated.
I have a pending I-140 since July 2006. Today i lost my sponsor employer and don't know what to do. Can I switch my pending I-140 to another employer? What can i do NOT to lose status? I still have a valid H1B till Augist 2008 but I have travelled on my Advance Parole. Does that mean that my H1B is terminated? Please advise. Thank you.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
Any response will be appreciated.
I have a pending I-140 since July 2006. Today i lost my sponsor employer and don't know what to do. Can I switch my pending I-140 to another employer? What can i do NOT to lose status? I still have a valid H1B till Augist 2008 but I have travelled on my Advance Parole. Does that mean that my H1B is terminated? Please advise. Thank you.
mohican
03-16 06:49 PM
My MTR was reconsidered--what a relief. Here is the response:
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
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webm
09-24 10:58 PM
Apart from Deniel notice I also got LUD on I 140.
Could it be related to old employer revoking I 140?
Since I have transfered after 180 and did Ac 21 - am I covered.
Prince - Did you get any LUD on 140 on the day you got this deniel e mail?
Thanks
Ram
Is your I-140 already approved before you invoked AC21?? Sorry to hear about your denial..keep hope and fight for the justice as much you can..Getting GC became mess now..
Could it be related to old employer revoking I 140?
Since I have transfered after 180 and did Ac 21 - am I covered.
Prince - Did you get any LUD on 140 on the day you got this deniel e mail?
Thanks
Ram
Is your I-140 already approved before you invoked AC21?? Sorry to hear about your denial..keep hope and fight for the justice as much you can..Getting GC became mess now..
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rajeshalex
03-05 10:41 AM
I like ur comment gc_wow . May be we should tell USCIS/Senator this is recession time and give us some discount.
nixstor
06-19 11:27 PM
I've been having sleepless nights ever since a cut off date of May 15th got in the fray.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
Here's my case -
I140 sent to USCIS on June 06th (They should have received it on June 07th)
I have not reveived a receipt date yet.
What would the receipt date for my application be -
June 7th when USCIS receives the application
or
Some later date when my application goes into the system
Now assuming that a new cut off date of June 19th is established, would my I140 be treated as pending on June 19th? Or only those applications will be treated as pending that have a receipt date prior to June 19th.
Gurus please enlighten and help me sleep.
Tell me about it. My I 140 was couriered on May 21st (reached on May 22nd) after I submitted everything on Mar 16th to my lawyer. It was very painful to read that bill text and figure out that all the time spent waiting on labor cert for the past 3 years has gone to /dev/null. Have you filed under PP or regular processing? I have done mine under PP and its approved now. All notice of actions will have two dates
1) Receipt date
2) Receipt notice date
Its difficult to predict which one will they pick. We are better off with the first one. My H1 which was received on Jan 4th 07 had a receipt notice date of Jan 10th 07 under normal processing. Give heads up to your lawyer to support your case if the bill is enacted into law. They can possibly argue on the basis of the Fedex/DHL receipt or receipt date itself, as your receipt notice date happens to be after Jun 19th 07. I hope that this bill dies again in the senate and the house forces the senate to break CIR into small pieces. Teddy in senate will be playing spoil sport, if at all that happens.
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knnmbd
07-07 01:19 PM
By exempt, you mean exempt from the cap, right? Does this mean that you still need an employer to sponsor you even if you have an advanced degree? Or can you self-petition as in the CIR?
Exempt from Cap only.No self-petition benefit(yet)
Exempt from Cap only.No self-petition benefit(yet)
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paskal
09-21 09:29 PM
Well, it's time to break the news.:p I didn't attend the rally because
(1) the first and foremost reason: a recent surgey at my backbone , and I may not be able to walk for more than 15 minutes continuously.
(2) the second and honest opinion: Even If I were doing well, I wouldn't have attended the rally due to the yelling-nature of words from some of the Core leaders, and their pushy messages.
(3) the third and final point: The rally pictures and the rally experience of other members have impressed me very much and have totally changed my mind. So, next time, whereever you organize the rally, I will be there.:p
This is my honest opinion about my abscence. I hope noone will jump on me for my reasoning.
Regards,
IK
do not want to jump in here but inskrish disappoints me very much.
i have engaged with him more than once. he complains about someone or the other being rude on a non-stop basis. i would like to hear from him which core members has yelled and posted pushy messages. most of us desist from such actions most if not all of the time. actually he probably has no clue who core members are. after all it's not announced on the July 2 filers thread. in the past inskrish walked around with a red square to his name and accused me of being responsible for it. maybe he needs to see how many comments he gets in his user cp. interestingly enough i may be responsible for the green. this kind of passive aggressive behavior is not going to be of any help whatsoever to us.
i'm glad to hear he has a change of mind. but i will believe it when i see it. so far i see no change in the constantly complaining-accusing tone from him. words matter. constantly putting down others and acting superior is not constructive to an effort that is voluntary- each one of us- and certainly you franklin- have given up a lot to push this effort forward. words from the likes of inskrish do make me wonder why we bother.
(1) the first and foremost reason: a recent surgey at my backbone , and I may not be able to walk for more than 15 minutes continuously.
(2) the second and honest opinion: Even If I were doing well, I wouldn't have attended the rally due to the yelling-nature of words from some of the Core leaders, and their pushy messages.
(3) the third and final point: The rally pictures and the rally experience of other members have impressed me very much and have totally changed my mind. So, next time, whereever you organize the rally, I will be there.:p
This is my honest opinion about my abscence. I hope noone will jump on me for my reasoning.
Regards,
IK
do not want to jump in here but inskrish disappoints me very much.
i have engaged with him more than once. he complains about someone or the other being rude on a non-stop basis. i would like to hear from him which core members has yelled and posted pushy messages. most of us desist from such actions most if not all of the time. actually he probably has no clue who core members are. after all it's not announced on the July 2 filers thread. in the past inskrish walked around with a red square to his name and accused me of being responsible for it. maybe he needs to see how many comments he gets in his user cp. interestingly enough i may be responsible for the green. this kind of passive aggressive behavior is not going to be of any help whatsoever to us.
i'm glad to hear he has a change of mind. but i will believe it when i see it. so far i see no change in the constantly complaining-accusing tone from him. words matter. constantly putting down others and acting superior is not constructive to an effort that is voluntary- each one of us- and certainly you franklin- have given up a lot to push this effort forward. words from the likes of inskrish do make me wonder why we bother.
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rklscp
05-21 08:14 PM
Really an interesting issue to talk about. I came to this site via google search. I am in the same boat. I am living in country for 14 years (F1 and now H1) with SSN. My wife never worked here; so she has H4. We have a daughter born here with SSN. We could not get this "stimulus rebate" because we filed "married filing jointly". I understand from IRS site that if you filed "married filing separately" you would get the benefit and you can later on amend your filing as "married filing jointly" (04/14/08). This may be beneficial if you "itemize" your deductions. You will still qualify for excemptions. But, if you do not itemize your deductions, your standard deduction will be halved if you file "married filing separately".
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I would love to a part of any legal battle to raise our concern. Please keep us posted. I plan to check this site regularly. Also, please keep us updated with getting SSN for H4 visa holders.
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PresidentO
02-25 12:49 PM
I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
So what did his office say? Is there a new OB in office yet?
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
So what did his office say? Is there a new OB in office yet?
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needhelp!
02-21 01:50 PM
Come on everyone.. it gets good when you start doing it.
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rahul76
08-15 01:28 PM
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
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ilamurughu
05-28 02:10 PM
Contributed 100$.
Receipt No: 1301-4365-1962-5826
Receipt No: 1301-4365-1962-5826
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belmontboy
06-01 09:28 PM
Commercial airlines fly between 25,000 ft and 40,000 ft. Airlines generally take risks for profits. I know it. Some airlines like United are ultra sensitive to turbulence. Some fly right through turbulence. And sometimes I feel some pilots are plain incompetent, they have no control over aircraft during the storm.
I have personally taken 500+ flights, almost 2 every week. And I can say, I get really nervous when turbulence or strong clouds are present. You are one second away from the big one. Always always wear seat belt during turbulence, if it gets severe, you will hit the head on the ceiling. The turbulence during take off and landing is usually more risky as aircraft is closer to ground and can not afford to lose altitude. If it is at a higher altitude, aircraft can lose some altitude, due to "air pockets" and still be ok.
yes, i do understand that. I still donot understand why fly into a "thunderstorm"!
I have personally taken 500+ flights, almost 2 every week. And I can say, I get really nervous when turbulence or strong clouds are present. You are one second away from the big one. Always always wear seat belt during turbulence, if it gets severe, you will hit the head on the ceiling. The turbulence during take off and landing is usually more risky as aircraft is closer to ground and can not afford to lose altitude. If it is at a higher altitude, aircraft can lose some altitude, due to "air pockets" and still be ok.
yes, i do understand that. I still donot understand why fly into a "thunderstorm"!
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gemini23
08-03 03:13 PM
I dont know about others but for me Fragomen has been very responsive. I think its probably your employer that is dictating how the attorney should deal with their employees. I work for a big fortune 50 company and I always got email responses from my fragomen attorney within 24 hours...that works for me.
Some times employers dont want their employees to get eads too soon, as they might jump the ship using ac21, and hence takes the help attorney to delay the filing, which works well for some attorneys too.
my 2cents.
Some times employers dont want their employees to get eads too soon, as they might jump the ship using ac21, and hence takes the help attorney to delay the filing, which works well for some attorneys too.
my 2cents.
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factoryman
02-13 01:28 PM
Becoming aware of what is holding back is what I am trying to achieve. When you have such awareness, you also have the ability to change.
The proof of the pudding is in eating. I beleive we have stopped HLGs and others from stealing unused EB3 visas exclusively for one retrogressed category.
The proof of the pudding is in eating. I beleive we have stopped HLGs and others from stealing unused EB3 visas exclusively for one retrogressed category.
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Refugee_New
04-17 10:11 AM
I hate this law firm. Its the worst.
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americandesi
08-09 02:06 PM
go_guy123, since you have MS+MBA, you should seriously consider applying for US GC in EB1 category. I know a friend who had similar qualifications and he got this EB1 GC approved within a year. You need not be in US to apply in EB1 and you can do all the paperwork in Canada via consular processing. My .02 cents.
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gc_wow
10-26 07:08 PM
485 got approved for a coworker with out pd being current,he filed it in eb3,interestingly he went for info pass and the officer told they could do nothing about it.Mean while his h1b got rejected since he already has GC.Finally his lawyer dealt with the case it took 6-8 months to fix the issue.His EAD and Ap were expiring.
mheggade
07-14 06:05 PM
How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
harsh
03-17 11:11 AM
The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.
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