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140jibjab
05-13 04:06 PM
I have tried everything to come back together. but it has really reached a point of not return.
my Pd Dec 03 EB3 India. Please I need advice
my Pd Dec 03 EB3 India. Please I need advice
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adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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07-03 06:50 AM
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cancelling trip and appointment for stamping H1B -400
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needhelp!
01-15 03:40 PM
not reached 100 yet.. its been a week since this was announced. Come on guys tell your friends!
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vin13
06-23 06:59 PM
The below link is the source for this info..
Front Row Washington � Blog Archive � U.S. Senate leader pushes immigration reform bid | Blogs | (http://blogs.reuters.com/frontrow/2009/06/23/us-senate-leader-pushes-immigration-reform-bid/)
Even with enormously difficult to pass legislation on healthcare and climate change topping the Obama administration�s agenda, Senate Majority Leader Harry Reid believes he can still muscle through a bill to overhaul U.S. immigration policies later this year.
President Barack Obama has said he wanted immigration reform done this year, although his own spokesman acknowledged on Monday that they may only be able to begin the debate on the issue. �I can see the president�s desire for it to happen, but understanding that � currently where we sit, the math makes that more difficult than the discussion,� said White House spokesman Robert Gibbs.
But that hasn�t stopped Reid, who caught a lot of people off guard a few weeks ago when he predicted the Senate would act this year.
�I�ve said right here that we have to finish healthcare. We have to do energy before we get to immigration reform. But being third on the list is pretty good,� Reid told reporters on Tuesday. He denied that rising unemployment, expected to top 10 percent amid a deep recession, would slow reform efforts.
�What is impacting doing comprehensive immigration reform is getting floor time to do it. I think the votes are there to do it,� he said.
On Thursday, Obama will host a closed-door meeting with key lawmakers to discuss the issue and Democratic Senator Charles Schumer, chairman of the Senate Immigration Subcommittee, plans on Wednesday to outline his principles for legislation he will offer
Front Row Washington � Blog Archive � U.S. Senate leader pushes immigration reform bid | Blogs | (http://blogs.reuters.com/frontrow/2009/06/23/us-senate-leader-pushes-immigration-reform-bid/)
Even with enormously difficult to pass legislation on healthcare and climate change topping the Obama administration�s agenda, Senate Majority Leader Harry Reid believes he can still muscle through a bill to overhaul U.S. immigration policies later this year.
President Barack Obama has said he wanted immigration reform done this year, although his own spokesman acknowledged on Monday that they may only be able to begin the debate on the issue. �I can see the president�s desire for it to happen, but understanding that � currently where we sit, the math makes that more difficult than the discussion,� said White House spokesman Robert Gibbs.
But that hasn�t stopped Reid, who caught a lot of people off guard a few weeks ago when he predicted the Senate would act this year.
�I�ve said right here that we have to finish healthcare. We have to do energy before we get to immigration reform. But being third on the list is pretty good,� Reid told reporters on Tuesday. He denied that rising unemployment, expected to top 10 percent amid a deep recession, would slow reform efforts.
�What is impacting doing comprehensive immigration reform is getting floor time to do it. I think the votes are there to do it,� he said.
On Thursday, Obama will host a closed-door meeting with key lawmakers to discuss the issue and Democratic Senator Charles Schumer, chairman of the Senate Immigration Subcommittee, plans on Wednesday to outline his principles for legislation he will offer
sherlock01
09-22 12:58 PM
Got the CPO mail for my EAD. Awaiting spouse EAD.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
EAD Applied: Aug 25th @ NSC E file
FP Completed: Sep 12th
CPO Email Rcvd: Sept 22nd.
I think I am very lucky to get the approval in just 27 days. My spouse needs it more than me though. Hope that gets approved soon.
more...
sri1309
11-22 05:39 PM
Please keep writing to Obama.
http://www.barackobama.com/index.php and under Issues--> Immigration. Dont forget to mention we're legal, in the US, 5-10 years wait time.
http://www.barackobama.com/index.php and under Issues--> Immigration. Dont forget to mention we're legal, in the US, 5-10 years wait time.
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here4gc
06-06 02:28 AM
What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
more...
old_hat
03-09 12:58 PM
My wife travelled to India via Munich (Lufthansa) in Feb end and she had no issues with transit visa. She was never asked about it. The I-94 had expired and we have a valid AP and approved H1 (unstamped). She has not returned yet, so any requirement on return journey is untested.
I was nervous before she left and was wondering if I need a transit visa for her. Thanks everyone who posted their experiences.
I was nervous before she left and was wondering if I need a transit visa for her. Thanks everyone who posted their experiences.
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vinoddas
09-26 06:24 PM
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
more...
akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
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alterego
12-12 04:58 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Translated that means, the Tsunami of 245i and Backlog labours is hitting, there can be no movement until this improves.
In other words, absent legislative action to allow more visas, you are lucky if dates do not retrogress.
We should stop following bulletins and focus more on lobbying.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Translated that means, the Tsunami of 245i and Backlog labours is hitting, there can be no movement until this improves.
In other words, absent legislative action to allow more visas, you are lucky if dates do not retrogress.
We should stop following bulletins and focus more on lobbying.
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PD2002
04-04 01:24 PM
I have sent the fax to the senators in CA
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gc_nebraska
03-26 11:44 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
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rockstart
07-21 09:02 AM
They are just pointing to one side of story. Yes H1B program has been massively misused by corporations and LLC's ( This includes L1 visa). Yes they have injected huge foreigh labor into US markets (till 2004 it was 120K I beleive and now it is at 80K with L1 extra).
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
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tcsonly
01-04 10:57 AM
I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.
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Libra
07-17 09:39 AM
I refreshed 100 times, but shows june 18th, is there something am missing?
It is not. You may need to refresh your page.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
It is not. You may need to refresh your page.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
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pady
08-21 09:44 AM
I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case
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akgind
07-13 07:02 PM
The difference, my friend, will come about once the DREAM Act passes in its present form. The undocumented child will pay in-state tuition, whereas your child will keep on paying out-of-state tuition. And in 3 years, the former will get premanent residency or GC, whereas your child will still be in the line for H1, EB2/3, at the mercy of USCIS.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
anilsal
12-20 12:45 PM
Great news! I was never on H4 so it does not really affect me. But any good news for skilled immigration is good news.
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
longq
12-20 06:25 PM
Does USCIS provide any clear documentation regarding the Visa Allocations?
DOS statistics can be found at
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
The text of INA can be found at
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8 d58
DOS statistics can be found at
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
The text of INA can be found at
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8 d58
