don840
04-03 08:03 PM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
wallpaper Restoran Laksa Janggus
kaisersose
07-30 09:15 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
coopheal
07-31 02:01 PM
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
2011 Laksa Janggus ni, lokasinya
ChainReaction
07-18 09:56 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay the same either way. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
more...
aaaa4321
08-31 10:01 AM
Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
lutherpraveen
09-19 06:42 PM
This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
more...
gc67890
11-16 10:19 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
2010 laksa glamer tu
what_now
06-08 02:01 PM
did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.
notice....
notice....
more...
nonimmi
05-29 03:58 PM
Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)
hair laksa janggus
capriol
07-06 10:30 AM
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
more...
neoneo
07-30 12:03 AM
IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
hot LAKSA JANGGUS
Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
more...
house Lokasi : Laksa Janggus
STAmisha
11-14 02:36 PM
s
tattoo he likes laksa janggus :)
conchshell
07-12 02:51 PM
RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?
more...
pictures tgh makan laksa janggus di
Suva
01-26 01:22 PM
You are absolutely right. I have also completely lost the hope about it.
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
dresses Laksa Janggus
dagabaaj
09-25 10:49 AM
So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
more...
makeup the famous Laksa Janggus
tnite
08-10 11:32 AM
any CT members coming along with you.. ?
None of them have PM'd or called me so far.
None of them have PM'd or called me so far.
girlfriend Syima dengan muka; Yeah..amat yummy sekali Laksa Janggus
GCStatus
09-15 12:17 PM
Good to see this
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
hairstyles laksa janggus+goreng pisang+empangan teluk bahang+kg nelayan!
sravani
05-22 12:25 PM
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
snathan
02-09 09:23 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
snathan
04-28 08:18 PM
Hi Folks!
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
No comments:
Post a Comment