WeShallOvercome
07-20 02:38 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
you don't need PD's to be current to apply for interim benefits like EAD/AP
wallpaper No higher resolution available
abracadabra102
07-14 05:18 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
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"?
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?
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?
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"?
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?
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?
Thank for all the advise.
---------------------------------
Contributed $100.
2011 from the Boston Society of
jamesbond007
05-27 05:32 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
They should probably add to the instructions: "Do not go to Kinkos and ask for help to make photocopies. Do-it-yourself." :D
They should probably add to the instructions: "Do not go to Kinkos and ask for help to make photocopies. Do-it-yourself." :D
more...
panvel123
09-11 11:31 AM
HR 5882 was approved by sub-committee last month and is currently awaiting markup by house judiciary committee, once the markup is done it may be sent to the floor of congress for debate and vote
leoindiano
03-17 09:59 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
more...
desi3933
03-10 02:28 PM
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
2010 The Boston MFA#39;s new Art of
smuggymba
09-10 01:05 PM
So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
more...
virald
07-18 12:34 AM
^^^^^^^^^^^^
hair model of the Boston Public
singhsa3
03-03 06:44 PM
Some of the data can be obtained from here
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
more...
arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
hot against the Boston Bruins.
stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
more...
house for the Boston Footlighter
nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
tattoo The newsletter dealt with
ramus
07-04 08:20 AM
Veerug,
I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.
Hope this makes little sense.
Thanks.
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.
Hope this makes little sense.
Thanks.
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
more...
pictures in the Boston area.
Rajeev
01-17 02:59 PM
I just signed up for a monthly contribution of $20.
Also contributed $100 in Dec 06.
Also contributed $100 in Dec 06.
dresses regarding the Boston shoot
gimme_GC2006
05-12 02:48 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
more...
makeup The MBTC Newsletter
ItIsNotFunny
10-15 04:40 PM
Guys,
It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.
By the way, I already got few red flowers (red dots) :)
It was just a suggestion. If we together decide after analysis that this is not a good idea, we can divert our energy to something that is more productive.
By the way, I already got few red flowers (red dots) :)
girlfriend nominally the boston ma
stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
hairstyles regarding the Boston shoot
kumarc123
02-12 02:43 PM
I am the one who asked him that question. And you can see he doesn't have any proof.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
coopheal
10-15 05:09 PM
I will send the letter tommorow.
indianindian2006
07-14 07:05 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
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