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.
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shamu
01-10 06:34 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I really thank you all for the support and information provided.
Thank you all.
sats123
06-19 06:03 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
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sravani
05-22 04:25 PM
This Jan 1,2007 date is another Joke by this lawmakers. These undocumented workers came crossing the border without any port of entry evidence. How can they prove they came before or after that date.
more...
addsf345
01-09 02:55 PM
Also I agree what Logiclife said when it comes to payments..
I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.
ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).
I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period
references for you
http://www.tnhis.com/excchangingjobs.htm
http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
(good and clear one above)
hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...
Thank you, logiclife and everyone for your inputs. This thread contains really useful information for anyone going through either job change or job loss circumstances.
I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.
ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).
I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period
references for you
http://www.tnhis.com/excchangingjobs.htm
http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
(good and clear one above)
hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...
Thank you, logiclife and everyone for your inputs. This thread contains really useful information for anyone going through either job change or job loss circumstances.
h1techSlave
04-23 01:16 PM
how can Latinos be deported? Could you please explain? Are you accusing that all Latinos in this country are here illegally?
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
And to all the guys replying to my earlier post that such laws will increase racial profiling etc. In my opinion laws to make illegal immigrants' life difficult is basically good for us. I totally agree that non-white folks will be inspected by cops during the initial period of enactment of the law. What's the big deal about it. We will be stopped by cops. They will check our papers and will leave us, won't they? The same is true for Latinos (if they are here legally). Like I have written earlier, I have been living in a county which has implemented 287 g for the last several years and I NEVER had any issue with this. I have personally met the county chief of cop who has been a very vocal supporter of the program and he did not immediately arrest me.
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
And to all the guys replying to my earlier post that such laws will increase racial profiling etc. In my opinion laws to make illegal immigrants' life difficult is basically good for us. I totally agree that non-white folks will be inspected by cops during the initial period of enactment of the law. What's the big deal about it. We will be stopped by cops. They will check our papers and will leave us, won't they? The same is true for Latinos (if they are here legally). Like I have written earlier, I have been living in a county which has implemented 287 g for the last several years and I NEVER had any issue with this. I have personally met the county chief of cop who has been a very vocal supporter of the program and he did not immediately arrest me.
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
more...
crzyBanker
11-26 04:17 PM
Good job IV. This article from IV really should give ideas to DOS and USCIS the way to approach going forward using the data available. Good data mining and analysis by IV.
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immi_enthu
08-22 10:56 AM
No, he is a good person he can do that
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
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Tarang
06-13 12:38 PM
As per this logic, Prof Matloff is also paid in the same bracket as other university professors; so he is also ordinary because his pay ratio would be 1.0!!! At any place, your co-workers are doing same type of work, so will get same salary. Even in hedge funds, if an immigrant is paid very high salary, his colleagues are also paid the same high salary. Very ridiculous logic to use pay ratio.
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
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drona
09-04 06:04 PM
Please update your profiles in the User CP to "Yes - I will attend the rally in DC". This will enable you to receive the latest updates on the rally from IV Core.
more...
H4_losing_hope
02-21 12:38 PM
I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.
thanks for your efforts!
thanks for your efforts!
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Munna Bhai
04-13 08:36 AM
May visa bulletin will be here today(most prob.)..they r doing the 'cut and paste" of last bulletin right now..:D
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
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Berkeleybee
02-10 02:59 PM
All,
We have a head start on Northern CA lawmakers, but we'd like to galvanize the rest of the state.
We have an excel spreadsheet with the district office info of every CA congressperson. We should just start going through that list and meeting at least a lawmaker or two a week in every sub-region.
It would be great if members from Southern CA and Central CA would get involved. Dial-in to the weekly conference call on Thursdays, and find out how we put a lawmaker meeting together, what works and what doesn't, what to take etc.
Also, if you go to the Resources section of the website -- you'll see the new presentation and edited brochure. Check them out and prepare yourself for conversations with legislators and potential members.
Join the crusade people!
Berkeleybee
We have a head start on Northern CA lawmakers, but we'd like to galvanize the rest of the state.
We have an excel spreadsheet with the district office info of every CA congressperson. We should just start going through that list and meeting at least a lawmaker or two a week in every sub-region.
It would be great if members from Southern CA and Central CA would get involved. Dial-in to the weekly conference call on Thursdays, and find out how we put a lawmaker meeting together, what works and what doesn't, what to take etc.
Also, if you go to the Resources section of the website -- you'll see the new presentation and edited brochure. Check them out and prepare yourself for conversations with legislators and potential members.
Join the crusade people!
Berkeleybee
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doggy
07-21 10:38 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
Yeh, right!!
don't exist any more.:D
Yeh, right!!
more...
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amitjoey
01-31 12:12 PM
Attorney fees also increase in proportion to the USCIS Fees increase.
If you have noticed, the Attorney fees are relative to the form that they are working on. Historicaly, attorney's have increased the fees everytime there is an USCIS Increase.
If you have noticed, the Attorney fees are relative to the form that they are working on. Historicaly, attorney's have increased the fees everytime there is an USCIS Increase.
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bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
more...
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DoggyStyle
07-21 11:48 PM
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
I agree. They just blame Indians for everything they fail.
I agree. They just blame Indians for everything they fail.
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eb3retro
01-03 12:46 PM
yes, if aspire to become a PM.
no , if you dont want to go that route.
no , if you dont want to go that route.
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rayoflight
05-31 10:27 PM
Voted Yes - Done...
waitingnwaiting
11-12 09:45 AM
That means Eb-2 I screwed....for several months.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
eb3retro
07-08 05:55 PM
you still didnt answer my question, who are you and why are you here and that too sneakily...(;)). Caught you pretty good eh??
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
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