anilsal
12-19 02:17 PM
IV core has a lot of things on their plate IMO. Calling lawmakers should be just an initiative from the members.
When the need comes, I am sure IV core will guide us with an aggressive calling plan.
For now, we should concentrate on stregthening our state chapters as well as increasing membership while taking a look at contributions.
But do call Sen.Cornyn's office regularly such that SKIL bill has a chance soon.
When the need comes, I am sure IV core will guide us with an aggressive calling plan.
For now, we should concentrate on stregthening our state chapters as well as increasing membership while taking a look at contributions.
But do call Sen.Cornyn's office regularly such that SKIL bill has a chance soon.
lfadgyas
07-29 08:43 PM
It is interesting � I moved from AL to SC a 1.5 year ago � needed a new ID, so I went there and they did this too � but only for the first time (they gave me that paper thing). Few weeks after this I changed my address so I had to renew it again� it was instantaneous;- they took the photo within 10 min I had my new ID � they said I�m in the system so no problems �have a nice day.
By the way � with that paper ID I travelled back to AL, to NC several times - I kept a copy from the old AL driver license (so what? � I can show my old international driver license :D � wondering what a local policeman would do with that �, otherwise I�m legally here, sorry )
By the way � with that paper ID I travelled back to AL, to NC several times - I kept a copy from the old AL driver license (so what? � I can show my old international driver license :D � wondering what a local policeman would do with that �, otherwise I�m legally here, sorry )
sameer2730
01-25 06:45 PM
He is neither new nor inexperienced. He is one of the new gang which post pointless yet barely believable posts here. The purpose is to confuse, raise hopes and aggravate. Try to avoid responding to such posts. One good criteria is posts by people with just 2-5 posts and a few greens already.
franklin
07-05 01:40 PM
I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
more...
kishdam
02-01 01:37 PM
Friends / Gurus,
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
yingli
08-23 10:59 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
more...
sankap
07-05 03:28 PM
http://online.wsj.com/article_print/SB118359095890657571.html
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
more...
ss1026
11-04 11:43 AM
Hey this is good news, atleast the crowd will get reduced in chennai consulate :)
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
bsbawa10
05-31 07:43 PM
Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
more...
h1bdude1
03-23 02:00 PM
I also read somwhere that if you are not sure regarding your A#, then you can also leave it blank.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
Ramba
09-16 01:20 PM
The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.
more...
gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
gc_dreamer_485
10-04 03:17 PM
Hi Folks,
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
more...
roseball
01-30 03:12 PM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.
gcForV
07-12 10:57 AM
As other mentioned sending a certified letter to all senators/congress would be a good idea.
sending them all in a 2-3 days span would be good.
sending them all in a 2-3 days span would be good.
more...
harish357
03-15 12:26 AM
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
qtoask
07-11 01:03 AM
Its support of every single person who has the heart made it possible... You can pat on your back!!!
English_August : well done co-ordinating...I salute you guys!
English_August : well done co-ordinating...I salute you guys!
gc_chahiye
07-19 01:55 AM
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?
There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.
LostInGCProcess
06-12 06:02 PM
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."
Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.
And its signed by both parties of NEW and OLD company.
Is this letter sufficient for me to hang on to?
Should I ask for EVL too?
I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."
Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.
And its signed by both parties of NEW and OLD company.
Is this letter sufficient for me to hang on to?
Should I ask for EVL too?
I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.
hoolahoous
07-15 01:43 PM
thats weird!
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
dang !! if know the chick, I will send my video next time.. maybe I will get green card !!
actually some people I know recently got their green card even though their PD was not current.. I will ask them if they sent their video.. LOL !!
But it is really alarming.. USCIS seems to be making rules on the fly.. what next ? you need to send paper applications in different colors next time ?
It is really not very funny when you have to leave your job because your EAD god delayed because of this new 'rule'.. happened to my cousin. he had to leave the job because EAD got delayed. not only that, since he is working at hospital, his residency got extended for delayed period when he was not working.. not fun ..
vin13
in cousin's RFE the reason by USCIS exactly said that they had used the same photo in visa so they need to send new photos. My attorney also said recently he has seen USCIS asking for 'unused' photos in most of the cases, that's why he is requesting new photos from all his clients.
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
dang !! if know the chick, I will send my video next time.. maybe I will get green card !!
actually some people I know recently got their green card even though their PD was not current.. I will ask them if they sent their video.. LOL !!
But it is really alarming.. USCIS seems to be making rules on the fly.. what next ? you need to send paper applications in different colors next time ?
It is really not very funny when you have to leave your job because your EAD god delayed because of this new 'rule'.. happened to my cousin. he had to leave the job because EAD got delayed. not only that, since he is working at hospital, his residency got extended for delayed period when he was not working.. not fun ..
vin13
in cousin's RFE the reason by USCIS exactly said that they had used the same photo in visa so they need to send new photos. My attorney also said recently he has seen USCIS asking for 'unused' photos in most of the cases, that's why he is requesting new photos from all his clients.
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