Munna Bhai
01-31 03:28 PM
Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??
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Jaime
07-20 12:36 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.
Brad
May 23rd, 2005, 01:47 PM
Hey, good job on these photos. I've been down there before and I've noticed that you really have about a 10 minute window just after the sun comes up and before the sun goes down when the light pulls out details and colours out of the rock that you never saw before!
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santb1975
04-25 12:00 PM
I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
not established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
the Form I-485.hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
more...
shsk
07-16 11:36 PM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
Roger Binny
04-06 01:14 AM
If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.
more...
punjabi77
08-06 12:12 PM
In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
2010 Lily Allen
gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
more...
insbaby
01-12 12:32 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
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eb3_nepa
04-13 09:56 AM
People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?
Now is 90 days a normal wait time, or is there something special in this bill?
Now is 90 days a normal wait time, or is there something special in this bill?
more...
kevnss
03-20 11:50 AM
Hi,
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.
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GooblyWoobly
07-18 06:56 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
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Jaime
06-10 05:17 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
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ski_dude12
08-12 03:30 PM
The response I received from my congresswoman was that my case has been requested for review and to get back in 30-60 days. Also, that my name check/fingerprints were complete.
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belmontboy
04-10 03:30 PM
source?
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mirage41
06-13 05:04 PM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
What does 'marked up' mean?
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
What does 'marked up' mean?
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sameer2730
05-15 09:50 AM
who think if they close their eyes, their problems will go away....:D
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
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CantLeaveAmerica
04-10 09:27 PM
CantLeaveAmerica
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
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it is ok
05-18 05:27 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
vin13
01-09 06:58 PM
None of my friends have lost their jobs. I was recently in India, and everyone i talked to was asking how bad was the job scene in US. I think India and Indians are affected more because of IT consulting jobs.
InTheMoment
08-09 09:29 PM
And how may I ask you came to this conclusion?
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
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