rajuseattle
01-14 06:45 PM
Mohican,
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
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sparklinks
02-19 08:46 AM
Mailing Address:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Thanks a lot !
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
Thanks a lot !
gcadream
06-10 02:31 PM
I'm so reliefed and excited to see the bulletin site after so many years...
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
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delhiguy79
07-27 08:11 AM
I got the LIN number by calling USCIS...but have not got the receipt notice till now...
As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....
I-140 filed : July 12th
Reached NSC : July 16th
Receipt generated : July 16th
Still waiting for receipt Notice. :(
As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....
I-140 filed : July 12th
Reached NSC : July 16th
Receipt generated : July 16th
Still waiting for receipt Notice. :(
more...
H4_losing_hope
02-13 12:17 AM
Thanks Needhelp!
So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.
Have a good eve all.
So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.
Have a good eve all.
mantric
07-04 04:43 AM
Sure, anything for you.:)
funniest exchange I've read at IV :D:D:D
funniest exchange I've read at IV :D:D:D
more...
gk_2000
03-28 07:17 PM
Can you please tell me what is a Green Card.. :)
Now, lets stop all the hate we wer showing and see if somehting good can be done for all.
Glad you asked. Green card means, the ability to award as many greens and reds to anyone on IV. This ability increases as one gets closer to permanent resident status in US.
Now, lets stop all the hate we wer showing and see if somehting good can be done for all.
Glad you asked. Green card means, the ability to award as many greens and reds to anyone on IV. This ability increases as one gets closer to permanent resident status in US.
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obviously
07-23 10:31 PM
What an absolutely useless discussion! EB2 and EB3 are based on each employer's attestation of job/work requirements.
Obviously, there is little correlation between book knowledge and real world results. Highly educated lawyers and Top B School MBA's can be found stuck in dead end jobs or suboptimal careers while barely educated street smart folks can be found enjoying productive careers.
So, let us stop this nonsensical analysis about something that adds ZERO value towards the core mission and objectives.
Lets use those 'high skilled' grey cells for something that matters. Stay away from the keyboard if you cannot resist the urge to puke over it with your fingers putting forth filth.
Seriously. Take a break folks!
Obviously, there is little correlation between book knowledge and real world results. Highly educated lawyers and Top B School MBA's can be found stuck in dead end jobs or suboptimal careers while barely educated street smart folks can be found enjoying productive careers.
So, let us stop this nonsensical analysis about something that adds ZERO value towards the core mission and objectives.
Lets use those 'high skilled' grey cells for something that matters. Stay away from the keyboard if you cannot resist the urge to puke over it with your fingers putting forth filth.
Seriously. Take a break folks!
more...
Macaca
09-21 08:26 PM
But I kept my plans to attend as I booked my tickets (40 days in advance). I talked at the lawmakers's offices on two days non-stop for 20 minutes, occasionally flashing my handkerchief.
and introduced me with a bull horn for 30 minutes, at the Washigton Monument!
and introduced me with a bull horn for 30 minutes, at the Washigton Monument!
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desi3933
01-23 01:12 PM
To be brief:
Any location restrictions when using AC21?
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
Any location restrictions when using AC21?
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
mohican
01-02 12:50 AM
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
hot at Bondi Beach Australia
rajsand
09-20 12:03 PM
I am sure the awareness and the seriousness was missing among the locals!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
more...
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smuggymba
05-18 09:22 AM
Reply from Sen. Lindsey Graham this jan -
Date Thu, Jan 28, 2010 at 10:02 PM
subject Re: Your Message
mailed-by lgraham.senate.gov
Thank you for taking the time to contact me. I appreciate the opportunity to hear from you.
Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
As we continue our work in the 111th Congress, I look forward to supporting our troops in the War on Terror, repairing our economy and creating jobs, strengthening Social Security, lowering the tax burden on American families, and making the federal government more accountable and efficient.
If your correspondence pertains to a scheduling request, please fax your request to (202) 224-3808.
Sincerely,
Lindsey Graham
Date Thu, Jan 28, 2010 at 10:02 PM
subject Re: Your Message
mailed-by lgraham.senate.gov
Thank you for taking the time to contact me. I appreciate the opportunity to hear from you.
Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
As we continue our work in the 111th Congress, I look forward to supporting our troops in the War on Terror, repairing our economy and creating jobs, strengthening Social Security, lowering the tax burden on American families, and making the federal government more accountable and efficient.
If your correspondence pertains to a scheduling request, please fax your request to (202) 224-3808.
Sincerely,
Lindsey Graham
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gc28262
12-10 11:36 AM
....
BharatPremi has brought up a good point. There needs to be some corrective action that needs to be undertaken here.
At lease some of those that are absent from the meeting are not cowards as the core-team implies. We all know that.
State level members can judge the organization better than core-team that receives a "feedback" from state level leadership.
I have reservations about the style of texas leadership myself.
If we are open, let us discuss it at state level.
( Volunteership and leadership are not always the same )
BharatPremi has brought up a good point. There needs to be some corrective action that needs to be undertaken here.
At lease some of those that are absent from the meeting are not cowards as the core-team implies. We all know that.
State level members can judge the organization better than core-team that receives a "feedback" from state level leadership.
I have reservations about the style of texas leadership myself.
If we are open, let us discuss it at state level.
( Volunteership and leadership are not always the same )
more...
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gc28262
07-24 03:01 PM
felix31,
Do you have a valid AP ? If yes, you wouldn't have problem entering US on AP. Just show your valid AP at POE and they will let you in with a "congratulations". I know someone whose GC was approved when he was out of US. He was let in with his AP with no issues.
approval when not current:
Are you sure you never applied for I-140 on your previous labor ? Your company might have done it. There was a recent occurrence of GC approval where USCIS picked up on old dormant I-140 and approved an IV members GC when she least expected.
Refer this thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1598847-green-card-approval-is-this-a-joke.html
Do you have a valid AP ? If yes, you wouldn't have problem entering US on AP. Just show your valid AP at POE and they will let you in with a "congratulations". I know someone whose GC was approved when he was out of US. He was let in with his AP with no issues.
approval when not current:
Are you sure you never applied for I-140 on your previous labor ? Your company might have done it. There was a recent occurrence of GC approval where USCIS picked up on old dormant I-140 and approved an IV members GC when she least expected.
Refer this thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1598847-green-card-approval-is-this-a-joke.html
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laborchic
05-17 12:10 PM
finished sending message.. that was easy....
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go_gc_way
06-14 02:47 AM
Congratulations to all who can file for 485.
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
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kanaihya
09-25 11:09 AM
leave Fragomen alone..man..if he visit this forum he will get heart attack ..
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newbie2020
01-13 10:50 AM
I see a lot of boiling blood and nice thoughts, If we can find out How much it would cost to pull out a Half page or Full Page AD on prominent news paper like NY Times or WSJ etc. Work on and create a fullpage/half page ad that would be a good start in opening eyes of congress/common people.
Any thoughts.
Any thoughts.
delhiguy79
07-21 07:00 PM
According to this document,
http://www.uscis.gov/files/form/i-485.pdf
140 receipt notice is not a part of the intial evidence ....
So if we show everything else that our 140 application was accepted by USCIS, they may later ask for a receipt ......
In the TOPIC................
Whereshould you file form I-485?
http://www.uscis.gov/files/form/i-485.pdf
140 receipt notice is not a part of the intial evidence ....
So if we show everything else that our 140 application was accepted by USCIS, they may later ask for a receipt ......
In the TOPIC................
Whereshould you file form I-485?
seattleboy
07-08 02:28 PM
Guys and Gals,
Lets not bash anyone here. IEEE might sound anti-immigrant on the surface in true sense, its only anti H1B for all the right reason. I am not trying to defend IEEE but just getting the facts straight. Please check the attached file which is a letter sent by IEEE-USA president to Gov of Minnasota.
Raj
IEEE-USA has maintained a consistent position against H1-B visas for a long time. Of late they have been found making statements that cast aspersions on legal immigrants as well. I have often found that people who confess to hate only one type of immigrants are just attempting to air a politically correct view of their anti-immigrant philosophy.
http://www.ieeeusa.org/communications/releases/2006/052506pr.asp
"Combined with the H-1B visa increases, the Senate bill also includes substantial increases in legal permanent immigrant admissions that could have a major impact on the U.S. information technology workforce and engineering enterprise, according to IEEE-USA.
Dr. Wyndrum added: "The bill opens the spigot on numerous skilled visa categories. The question is how many high-tech workers can the United States absorb annually without driving up unemployment and driving down wages? The Senate demonstrated its concern about the number of unskilled workers it would allow into our country; it should show the same concern for skilled employees."
Lets not bash anyone here. IEEE might sound anti-immigrant on the surface in true sense, its only anti H1B for all the right reason. I am not trying to defend IEEE but just getting the facts straight. Please check the attached file which is a letter sent by IEEE-USA president to Gov of Minnasota.
Raj
IEEE-USA has maintained a consistent position against H1-B visas for a long time. Of late they have been found making statements that cast aspersions on legal immigrants as well. I have often found that people who confess to hate only one type of immigrants are just attempting to air a politically correct view of their anti-immigrant philosophy.
http://www.ieeeusa.org/communications/releases/2006/052506pr.asp
"Combined with the H-1B visa increases, the Senate bill also includes substantial increases in legal permanent immigrant admissions that could have a major impact on the U.S. information technology workforce and engineering enterprise, according to IEEE-USA.
Dr. Wyndrum added: "The bill opens the spigot on numerous skilled visa categories. The question is how many high-tech workers can the United States absorb annually without driving up unemployment and driving down wages? The Senate demonstrated its concern about the number of unskilled workers it would allow into our country; it should show the same concern for skilled employees."
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