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
wallpaper Robert Pattinson y Kristen
vin
06-14 02:15 PM
Hmm. Wasn't aware of issues with renewing EAD. Can you please highlight some of the problems you faced. Thanks. Hope it's in some isolated cases and not widespread.
TheOmbudsman
11-08 02:18 PM
Hi Vina92,
Thanks for asking.
I am happy that we see a change. The Iraq war is not going well. I do not believe that Democrats are necessarily more qualified and honest than Republicans, but the balance of power is welcome.
Regarding to immigration, my point is that I am certainly happy that we may see things moving - not because they will move directly suited to our category - but we may take a ride with the amnesty CIR bill. That is indirectly positive to us and that may turn out to be good thing indeed.
Since the Democrat led bill is primary designed to satisfy employers looking for low income labor and supply democrats with potential voters in the future, my concern is that many of us may get into trouble ahead, when millions of illegal aliens get their cases in the USCIS queue. In addition, I have to observe that I have a long-term vision:I believe that an amnesty of this magnitute will bring the US to its knees in the mid-term. That is more a long-term vision, but that's what I think and if that is correct, that is certainly troublesome because that would make all my efforts to get a GC unviable at that point. I would not worry about that now. We need to finish our GC business and get out of this as soon as possible.
Some members of this forum continue to distort facts. Nothing has changed for me. I captured all the information I had available back then and discussed with you all. In the last two months violence in Iraq has escalated to unacceptable levels and that has changed the outcome of the elections, apparently to our short-term advantage. It is time for a change for sure. Let's welcome the change.
Again, I am planning to discuss our issues and constantly and deliver fresh daily comments to you all on daily basis. Let's hope that we will have more positive news coming.
Regards,
The Ombudsman
"Your dose of daily reality"
I do not understand what Ombudsman is trying to imply. Are you happy or unhappy about Dems taking up the house? We don't know what they''ll do but I definitely feel hopeful about it. Infact it was the dreaded house where everything stopped in the past. Two times in the past senate okayed bills with legal immigration and were voted down by members of ultra conservative right wing Republicans. I am sure anything will be better than the old house.
Thanks for asking.
I am happy that we see a change. The Iraq war is not going well. I do not believe that Democrats are necessarily more qualified and honest than Republicans, but the balance of power is welcome.
Regarding to immigration, my point is that I am certainly happy that we may see things moving - not because they will move directly suited to our category - but we may take a ride with the amnesty CIR bill. That is indirectly positive to us and that may turn out to be good thing indeed.
Since the Democrat led bill is primary designed to satisfy employers looking for low income labor and supply democrats with potential voters in the future, my concern is that many of us may get into trouble ahead, when millions of illegal aliens get their cases in the USCIS queue. In addition, I have to observe that I have a long-term vision:I believe that an amnesty of this magnitute will bring the US to its knees in the mid-term. That is more a long-term vision, but that's what I think and if that is correct, that is certainly troublesome because that would make all my efforts to get a GC unviable at that point. I would not worry about that now. We need to finish our GC business and get out of this as soon as possible.
Some members of this forum continue to distort facts. Nothing has changed for me. I captured all the information I had available back then and discussed with you all. In the last two months violence in Iraq has escalated to unacceptable levels and that has changed the outcome of the elections, apparently to our short-term advantage. It is time for a change for sure. Let's welcome the change.
Again, I am planning to discuss our issues and constantly and deliver fresh daily comments to you all on daily basis. Let's hope that we will have more positive news coming.
Regards,
The Ombudsman
"Your dose of daily reality"
I do not understand what Ombudsman is trying to imply. Are you happy or unhappy about Dems taking up the house? We don't know what they''ll do but I definitely feel hopeful about it. Infact it was the dreaded house where everything stopped in the past. Two times in the past senate okayed bills with legal immigration and were voted down by members of ultra conservative right wing Republicans. I am sure anything will be better than the old house.
2011 Robet Pattinson y Kristen
sgaur_1977
07-18 12:17 AM
I got intrigued about bigtime. Looked something up. Here is his post
http://immigrationvoice.org/forum/showthread.php?p=84985#post84985
Note, posted on 06-16-2007.
"How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me."
Which case is pending? LC? PERM? ONE MONTHS? Is this a BEC victim?
He is stuck in Atlanta for PERM...PD around April-07...though I feel sorry for Atlanta guys. This guy deserves a ban. Good riddance.
Please see the link in the attached message
http://immigrationvoice.org/forum/showthread.php?p=84985#post84985
Note, posted on 06-16-2007.
"How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me."
Which case is pending? LC? PERM? ONE MONTHS? Is this a BEC victim?
He is stuck in Atlanta for PERM...PD around April-07...though I feel sorry for Atlanta guys. This guy deserves a ban. Good riddance.
Please see the link in the attached message
more...
she81
07-17 07:57 PM
I am in a silimar situation stuck at PBEC. I haven't posted anything because people are quick to come and bash (as you noted - even if we are just venting frustration - like the rest of everyone a few days back). Yeah, life is unfair but some things further add to it.
P.S. My husband attended the rally in SJ nevertheless (I was out of town.)
Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:
You have been banned for the following reason:
Disruptive posts
Date the ban will be lifted: Never
After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.
Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.
This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!
P.S. My husband attended the rally in SJ nevertheless (I was out of town.)
Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:
You have been banned for the following reason:
Disruptive posts
Date the ban will be lifted: Never
After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.
Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.
This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!
AK_GC
06-15 02:43 PM
Can anyone confirm if the following is the right source for filing address:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
The reason I ask is that the instructions form for 131 has a different address.
http://www.uscis.gov/files/form/I-131instr.pdf
Thank you.
I sent it to the address in the first link that you mention. Please note they have different addresses for USPS and non-USPS .
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
The reason I ask is that the instructions form for 131 has a different address.
http://www.uscis.gov/files/form/I-131instr.pdf
Thank you.
I sent it to the address in the first link that you mention. Please note they have different addresses for USPS and non-USPS .
more...
silibili
06-01 10:33 AM
$50 via Paypal,
Receipt ID: 1511-6903-0099-6962
Receipt ID: 1511-6903-0099-6962
2010 kristen stewart and robert
ivx
05-21 05:26 PM
100$ through Paypal
Transaction ID: 3TU45415NE853021P
Way to go Sugaur. Thanks you all for the effort.
Transaction ID: 3TU45415NE853021P
Way to go Sugaur. Thanks you all for the effort.
more...
needhelp!
01-06 12:27 PM
Last update from IV Core about administrative fixes talked about EAD duration being extended to 2 years, but never saw anything about 2 year AP decision (It would have been good though).
I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?
I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?
hair ¡ROB Y KRISTEN SE ENAMORARON
newuser
06-27 09:24 AM
Folks, don't make travel plans based on the approval e-mail that will be sent of automatically from USCIS. Mine & my wife's application's were approved and mailed nine days ago (6/18) and we made travel plans for yesterday (6/26) . Guess what. I got my approval notice in mail only yesterday and my wife's approval doc never came. We have to cancel the whole trip now.
Also, USCIS updated the status on our AP's four days later after the approval e-mail was sent saying the documents were mailed only on 6/22. Called the USCIS customer service three times and I got three different answers.
1. We sent approval notice on 6/18 and will be sending the AP document soon (In fact there is no such thing called approval notice and AP separately. This guy has no idea what he is talking about at the USCIS)
2. We sent the approval notice on 6/18 and confirmed that the document is out in the mail where in fact the document I received yesterday had a USPS stamping day of 6/22.
3. We sent the document on 6/22 and you should be gettting them in less than 30 days. If not please give us a call back.
Lesson learned. Don't trust USCIS and USPS delivery system and don't make travel plans unless you have all the doc's in hand.
Also, USCIS updated the status on our AP's four days later after the approval e-mail was sent saying the documents were mailed only on 6/22. Called the USCIS customer service three times and I got three different answers.
1. We sent approval notice on 6/18 and will be sending the AP document soon (In fact there is no such thing called approval notice and AP separately. This guy has no idea what he is talking about at the USCIS)
2. We sent the approval notice on 6/18 and confirmed that the document is out in the mail where in fact the document I received yesterday had a USPS stamping day of 6/22.
3. We sent the document on 6/22 and you should be gettting them in less than 30 days. If not please give us a call back.
Lesson learned. Don't trust USCIS and USPS delivery system and don't make travel plans unless you have all the doc's in hand.
more...
andy garcia
06-26 02:01 PM
Beast is still ALIVE !!!!
BEAST has no brain only size. It is easy to kill it.:)
BEAST has no brain only size. It is easy to kill it.:)
hot robert pattinson
reachinus
07-20 11:25 AM
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Here are my answers, may be wrong use it at your own risk.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
No u cannot. Since u said the valid date is from Nov 07.
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
U have to leave the country and re-enter agin so that u will get a new I-94.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
I don't think its possible, may be worng.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Here are my answers, may be wrong use it at your own risk.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
No u cannot. Since u said the valid date is from Nov 07.
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
U have to leave the country and re-enter agin so that u will get a new I-94.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
I don't think its possible, may be worng.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.
more...
house Robert Pattinson besa a
nrakkati
03-20 10:50 PM
You are in GOOD state with regard to the query you have to reply to....
If I were you I would still have a good lawyer reply to this.........its better to be safe and this should not be more than 500$ work.
All the best wishes to you! :) :) :)
Thanks Piyu7444, for a good suggestion.
If I were you I would still have a good lawyer reply to this.........its better to be safe and this should not be more than 500$ work.
All the best wishes to you! :) :) :)
Thanks Piyu7444, for a good suggestion.
tattoo robert pattinson smoking pot
Marphad
01-13 10:07 AM
...I will donate minimum $100 for the cause.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
more...
pictures Kristen Stewart, Robert
zoooom
06-13 10:28 PM
quick question: This affidavit will be filled by my parents who are in India..can they notarize it there(in India)?
AFFIDAVIT CONFIRMING BIRTH
I, (name of relative), solemnly state and affirm as hereunder:
(1) I presently reside at _________________________________________________.
(2) I am a citizen of __________________________________________________ _.
(3) I was born on _________________________ at __________________________.
(4) I am the (state relationship to the person whose birth is being verified) of (person whose birth is being verified).
(5) I personally know that (person�s name) was born on ______________________ at _______________________ because I was present at his/her birth.
(6) A request has been made with the proper authorities for (person�s name)�s birth certificate but the same is unavailable.
I hereby affirm and attest that the foregoing is true and correct.
This affidavit was executed on (date) at (Place).
________________________________ ________________________
Signature Date
***PLEASE NOTARIZE***
AFFIDAVIT CONFIRMING BIRTH
I, (name of relative), solemnly state and affirm as hereunder:
(1) I presently reside at _________________________________________________.
(2) I am a citizen of __________________________________________________ _.
(3) I was born on _________________________ at __________________________.
(4) I am the (state relationship to the person whose birth is being verified) of (person whose birth is being verified).
(5) I personally know that (person�s name) was born on ______________________ at _______________________ because I was present at his/her birth.
(6) A request has been made with the proper authorities for (person�s name)�s birth certificate but the same is unavailable.
I hereby affirm and attest that the foregoing is true and correct.
This affidavit was executed on (date) at (Place).
________________________________ ________________________
Signature Date
***PLEASE NOTARIZE***
dresses Robert Pattinson y Kristen Stewart en el rodaje de Eclipse en Vancouver - 24
amitjoey
05-25 03:33 PM
Unfortunately, unless we write to our senators, congresswo/men, and media our issues are going to be sidelined. That is why we need to call, write emails and get to DC, step up the advocacy effort.
more...
makeup Stewart did an impromptu
Lamabs
04-16 08:27 PM
Is this referring to Fragomen, Del Rey, Bernsen & Loewy, LLP?
girlfriend Kristen Stewart y Robert
chanduv23
09-25 06:27 AM
Take it easy for the time being - IV is looking into what to do next. Use this time to stabilize state chapters , conduct social events so that people can have a nice time.
hairstyles robert kristen stewart
Jaime
09-21 11:38 PM
That is a very good idea!
I like this and rallies at state capitals, because it would be easy for everyone to attend in their home states, but there might be small numbers in many cities that would not bring much attention
I also like letters, flowers, etc in mass
And also, how about:
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water gig down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants"
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
I like this and rallies at state capitals, because it would be easy for everyone to attend in their home states, but there might be small numbers in many cities that would not bring much attention
I also like letters, flowers, etc in mass
And also, how about:
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water gig down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants"
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
guesswho
06-02 11:10 AM
>>>
copsmart
01-23 01:08 PM
To be brief:
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
Any location restrictions when using AC21?
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
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