Soul
02-09 12:15 PM
Thanks Big K :ub:
- Soul :goatee:
- Soul :goatee:
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
micofrost
08-05 02:28 PM
Applied on 07/10/08.
FP : 08/02/08
LUD bcoz of FP : 08/04/08
Again another LUD : 08/05/08
Still waiting for approval
FP : 08/02/08
LUD bcoz of FP : 08/04/08
Again another LUD : 08/05/08
Still waiting for approval
2011 justin bieber grammys 2010.
eilsoe
02-11 07:29 AM
I voted for ya too kit ;)
I was your first... :sure:
I was your first... :sure:
more...
abhijitp
01-23 02:03 PM
Just got 3 co-workers to sign the letters. People are more than willing to help the cause, you just need to approach them, you will be glad you did!
satishku_2000
09-19 03:16 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
more...
seetheavatar
12-21 12:23 PM
Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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pasupuleti
05-22 03:23 PM
We should get an amendment to make all H1Bs illegal. so we can easily qualify for this Z visa.
Actually i see lots of benefits turning into illegal, lets go illegals.
Actually i see lots of benefits turning into illegal, lets go illegals.
more...
Asian
09-15 10:33 AM
For those who already received GC, it is trivial. For us who have not received it yet, it is a life or death matter. So please don't play with it. I hate to meet the green card holder who brags as if it were nothing.
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ars01
07-10 10:19 AM
How about boycotting CNN. The immigration community should boycott CNN. That will send a strong message to CNN with there current trouble with there rattings.
How would you do that? and how would media know about the boycott? What benefits would it bring?
How would you do that? and how would media know about the boycott? What benefits would it bring?
more...
mrane1
10-15 06:42 AM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Hey thats not fair... everyone has their own problems and they are discussing... It was your luck... thats all... If you had gotten a chance to file 485 you too would be discussing about EAD and AP... I came to US in 95.., filed my first Labor in 2000... got laid off in 01... started my labor process with 2nd company... the company shut down!! filed 3rd labor in 2003... All this time the 485 was current all the way till sept 30th 2005... But I was stuck in PBEC... Labor cleared 1 week after retrogression in 2005! Finally filed in June 07... got GC 3 days after finger printing! thats life... you just do what you have to do and move on!
Hey thats not fair... everyone has their own problems and they are discussing... It was your luck... thats all... If you had gotten a chance to file 485 you too would be discussing about EAD and AP... I came to US in 95.., filed my first Labor in 2000... got laid off in 01... started my labor process with 2nd company... the company shut down!! filed 3rd labor in 2003... All this time the 485 was current all the way till sept 30th 2005... But I was stuck in PBEC... Labor cleared 1 week after retrogression in 2005! Finally filed in June 07... got GC 3 days after finger printing! thats life... you just do what you have to do and move on!
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Libra
01-17 03:16 PM
please send letters and vote here
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sairam
07-02 03:10 PM
We spent approxiamtely $4000 not including the filing fee which is another $1500 approx.
This $4000 includes, Attorney fee, Medical exam fee, Flight tickets to attorney office, Mailing charges etc.
This $4000 includes, Attorney fee, Medical exam fee, Flight tickets to attorney office, Mailing charges etc.
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nrk
10-26 08:55 PM
I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.
Maybe your I140 was withdrawn by the company A.
Maybe your I140 was withdrawn by the company A.
more...
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Suva
07-14 11:33 AM
Your spouse applied for H4/H1? Which one?
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
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lost
11-11 09:09 AM
Will it be on Friday?
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PG75
09-30 02:43 PM
Thank you very much illionois_alum :)
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
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arnet
07-31 11:50 AM
raamski, dont post your receipt number, if you mention like LIN07xxxxxxx that would be fine. edit your post.....
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go_guy123
12-20 03:13 PM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
meridiani.planum
03-26 09:41 PM
my experience with california DMV - renewed via mail. Paid 28$, got a new plastic card which is valid for next 5 years.
how long ago was this?
thanks.
how long ago was this?
thanks.
SkilledWorker4GC
07-08 05:15 PM
Ofcourse at first they will say its a crazy idea and wouldn't have any impact.
But got to try atleast and try to convince them
Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say
But got to try atleast and try to convince them
Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say
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