gcgreen
08-12 05:28 PM
No. The way I understand it, the new employer is offering you a permanent job in the same/similar job classification. So you work for the new employer in a permanent capacity after you receive the green card.
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
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wahwah
06-05 02:59 PM
andy garcia,
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
royus77
07-02 04:06 PM
Medical Fees: $830( For me ,Wife and Son)
Attorney Fees: $1350
Photographs: $45
USCIS Fee: $1490
Birth Certificates/Affidavits from India around: $200
FedEx: $47.92 (overnight - 2 times )
Total: $3800 ( Approx)
Asking my father to get Birth Certificate - 2 days off for him and had to travel 100 miles
Attorney Fees: $1350
Photographs: $45
USCIS Fee: $1490
Birth Certificates/Affidavits from India around: $200
FedEx: $47.92 (overnight - 2 times )
Total: $3800 ( Approx)
Asking my father to get Birth Certificate - 2 days off for him and had to travel 100 miles
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apt29
08-12 09:52 AM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.
+1 to your avatar
:D:D:D
+1 to your avatar
:D:D:D
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amsgc
08-05 09:30 PM
Can you start a poll for EB2-I the years - 02, 03, 04, 05, 06, 07 in this thread?
It's been a long time since we had an estimate of how many cases are really out there waiting for approval.
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
It's been a long time since we had an estimate of how many cases are really out there waiting for approval.
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
cnndwag
09-27 09:13 PM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
more...
gc28262
06-10 05:21 PM
We shouldn't give much significance to what USCIS and DOS officials say. Both of these departments don't have a grasp on what is happening in their respective organizations.
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
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eb3retro
02-21 12:30 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
more...
delax
07-17 09:51 AM
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Isnt that how a market is supposed to work - on the laws of demand and supply. For every consequence there is always an unintended one. And if enought local wokers (EAD, others) are available then the laws of the market would require an automatic reduction in the number of H1b's.
Before people start dumping on me - lets remind ourselves that we are here for a healthy debate and to appreciate ALL view points.
Remember - It is not that important to know all the answers as it is to ask the right questions.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Isnt that how a market is supposed to work - on the laws of demand and supply. For every consequence there is always an unintended one. And if enought local wokers (EAD, others) are available then the laws of the market would require an automatic reduction in the number of H1b's.
Before people start dumping on me - lets remind ourselves that we are here for a healthy debate and to appreciate ALL view points.
Remember - It is not that important to know all the answers as it is to ask the right questions.
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hopefull
07-06 04:51 PM
:D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D
well the only words that fit you are
"LAGE RAHO GRAVITATION BHAI"
well the only words that fit you are
"LAGE RAHO GRAVITATION BHAI"
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shiankuraaf
05-30 09:39 AM
Just now voted 'YES'
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Saralayar
12-18 02:49 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.
Regarding Shusterman's Q&A. I am not sure where is he coming from. The law does not provide for lay-off exception.
Recently I heard that if you are laid off from the company, then the 180 days period won't come into picutre and you can very well move to another company, provided your I-140 is approved and not revoked. I think they have made some modifications recently to the law on this type of cases. Talk to your Lawer to find out these changes.
more...
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eb3_nepa
12-21 09:37 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
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GCStatus
09-16 08:20 PM
Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
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BharatPremi
08-30 07:08 PM
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
FIrst of all congratulations to get through this gutter. Though I have a question: Why did not you think of applying under F3 since your mother is already a US Citizen?
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bondgoli007
03-22 11:30 AM
I am in the Bay Area, CA and have atleast 3 other people who are ready to approach the reps and senators.. can any of the senior CA chapter members guide me please?
more...
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kartikiran
11-03 09:19 AM
EB2 likes visa bulletin predictions.
EB3 does not.
That explains the green or red in my opinion.
EB3 does not.
That explains the green or red in my opinion.
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rolrblade
07-19 10:18 AM
you can get medicals in 2 hours.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
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pd_recapturing
08-11 05:25 PM
Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.
I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.
vinabath
05-15 10:46 AM
I dont think Ron Hira has ever worked in IT side or on the HR side. Whats wrong if people for pursue for Masters or Phd for GC?. This Guy does not have any idea about the value this techs bring.
He is in the wrong position. He should never be in Public Policy board.
He is in the wrong position. He should never be in Public Policy board.
mammoy2k
09-10 12:49 PM
When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.
In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.
Kindly see the context of the post and please read the post completely before going ballistic �
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
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