rayoflight
08-10 01:58 PM
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
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coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
ksurjan
07-24 11:07 AM
incorrect..PD is relevant still after the i-485 application has been receipted. The files are put away and are pulled out and processed as and when the PD dates become current.
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
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InTheMoment
05-22 03:25 PM
I am doing MS in Technology Management from Howee School of Technology Management at Stevens Institute of Technology!!
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Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)
Similar ones are offered at Penn State, Rutgers, MIT .. totally on Web.
Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)
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dealsnet
08-22 09:58 AM
We are not terrorist. Majority are from India, China etc. You are asking for help from terrorists !!!!!!!!!!! (according to you)
We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.
You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.
The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.
You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.
The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
more...
gc_on_demand
08-10 04:01 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.
Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.
I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.
Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.
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dakajo
12-21 10:07 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
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prioritydate
01-17 07:32 PM
I think whatever OP said is true.
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msgrewal81
02-19 03:08 PM
:D No more arguing by me :D
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baleraosreedhar
08-11 01:32 PM
Please count me also for contribution for making EB3 life easy and to reassure a HOPE of reaching end of tunnel
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paskal
01-20 07:34 AM
i guess i'm officially depressed :-)
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uma001
08-02 08:40 PM
Mayhemt,
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
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SunnySurya
07-28 11:55 AM
This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.
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sam_hoosier
01-18 04:52 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
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looneytunezez
06-11 12:49 PM
Sent message to my senators (CA).
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kshitijnt
01-31 05:35 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
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engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
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diptam
06-30 06:57 PM
Sounds like a plan - let us know what's the next step.
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
sanjeev_2004
11-21 11:12 AM
--
I think there are more than 6500 people here who are suffering from this disease then, about time we find a cure for it?
I am also among these 6500 people who are suffering but I still some time realize that its just a bad thing and should not be there in my mind. I know that its best country to live and best country to earn money and return to india but these are only excuses of remain sick. Sickness is sickness and being great, getting peace of mind, being honest is some thing else. Now dont comment me saying you thing you are great.
I think there are more than 6500 people here who are suffering from this disease then, about time we find a cure for it?
I am also among these 6500 people who are suffering but I still some time realize that its just a bad thing and should not be there in my mind. I know that its best country to live and best country to earn money and return to india but these are only excuses of remain sick. Sickness is sickness and being great, getting peace of mind, being honest is some thing else. Now dont comment me saying you thing you are great.
ajm
10-22 04:22 PM
I sent the fax today afternoon.
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