Macaca
08-31 09:06 PM
I cant seem to open the article. Are others having the same problem?
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
wallpaper guardian angel tattoos for
shiankuraaf
11-25 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
2011 guardian angel tattoo.
Munna Bhai
08-20 03:49 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
Is this Desi?? This is very very bad.
Is this Desi?? This is very very bad.
more...
singhsa3
08-16 09:09 AM
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
JunRN
08-22 06:34 PM
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
more...
abhijitp
08-15 05:47 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
2010 angel tattoo designs
eb3_nepa
06-05 02:32 PM
Guys,
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
more...
lazycis
12-18 02:41 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 he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
hair Tattoo of quot;Guardian Angelquot; on
bidhanc
12-22 03:14 PM
Sorry to say, but sending mails of unresolved issues to NY Consulate is a waste of time.
I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)
But hey everybody, pls do go ahead and follow the process!
Thanks
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)
But hey everybody, pls do go ahead and follow the process!
Thanks
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
more...
whattodo
07-27 02:57 PM
This is paranoa!!!!!!!! STOP already
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
hot sad angel tattoo
angelfire76
05-29 09:34 PM
Yes.
more...
house guardian angel tattoo on
rickys_in
07-02 04:09 PM
$3000 (Including medical, filing fees, birth certificate, fedex etc)
tattoo guardian angel tattoo. angel
logiclife
05-29 04:43 PM
For those who were waiting for lawyers to confirm our fears that those whose 140 was filed or to be filed after May 21 2007 will be forced to let go of their GC file and use the new points based merit system......you have lawyer's answer.
And the interpretation of IV core and lawyers is the same. THE INTRODUCTION DATE of the bill is the cut-off date for pending or approved 140s to be allowed under old system.
Actually their interpretation is that the intro date of bill was May 15th and not May 21 as IV core has stated previously.
http://www.ilw.com/articles/2007,0530-endelman.shtm
And the interpretation of IV core and lawyers is the same. THE INTRODUCTION DATE of the bill is the cut-off date for pending or approved 140s to be allowed under old system.
Actually their interpretation is that the intro date of bill was May 15th and not May 21 as IV core has stated previously.
http://www.ilw.com/articles/2007,0530-endelman.shtm
more...
pictures angel cross tattoo
addsf345
07-13 01:40 PM
"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrates, and thank you so much for supporting and appreciating IV. Your journey is inspirational to rest of us. God bless all.
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrates, and thank you so much for supporting and appreciating IV. Your journey is inspirational to rest of us. God bless all.
dresses Angel wing tattoos
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.
more...
makeup Guardian Angel tattoo of a
flipflop
11-18 12:31 PM
hmmm, housing markets runs into sales of millions and millions of units, if people here are thinking of buying 100 homes each, yes! it will help increase the sales by .00002%
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
Chief, read the post first. Its not a satire on desis driving Honda/Toyota!!! In fact I am all for it. Its about people who like to think that they can solve major problems if only they had GCs.
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
Chief, read the post first. Its not a satire on desis driving Honda/Toyota!!! In fact I am all for it. Its about people who like to think that they can solve major problems if only they had GCs.
girlfriend (Guardian Angel tattoo - Rate
yash04
08-01 11:57 AM
I'm waiting for it too..RN from TSC - mine was recieved by 9.55 am and signed by some dude...who's was your's signed by?
hairstyles Guardian angel tattoo designs
GKBest
08-20 07:55 PM
Do you happen to know who used your labor certification? If you have a copy of the LC and I-140, inform the DOL /USCIS that someone has used your LC and I-140 without your knowledge. I'd like to believe that USCIS will take note of this and will deny the application of the person who used your LC and I-140. Your employer will be in deep trouble because of what he has done. USCIS may investigate the case. It will be wise not to mention that you paid anything. The fact that you were hired under H1 status and is still working with him shows that the LC and the I-140 rightly belongs to you.
logiclife
12-28 12:44 PM
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
No comments:
Post a Comment