pitha
01-31 12:47 PM
How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
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SAPGURU
07-11 03:12 PM
Gurus,
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
pa_arora
07-18 07:22 PM
1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?
2) What all docs are required for filing EAD & AP?
2) What all docs are required for filing EAD & AP?
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chapper
11-09 08:14 PM
Can we do the same here - or something similar to that extent as demonstrated in UK - is it advisable.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
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pt326bc
09-27 10:36 AM
Same issue with me.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
starving_dog
11-03 07:34 PM
Talk to a lawyer. We repeat, talk to a lawyer. Good luck.
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franklin
07-13 11:17 AM
Thanks for the suggestions
We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.
We hope that people come dressed for comfort too :)
We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.
We hope that people come dressed for comfort too :)
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PD_Dec2002
07-22 10:10 PM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
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ameryki
02-27 02:32 PM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
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senk1s
04-10 05:40 PM
How come Freaking 'Loudoggs' say 400K Applications were received by USCIS on his show . Freaking lier.
I'd just say he is 'weak' in Math and Logic :) :)
I'd just say he is 'weak' in Math and Logic :) :)
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whoever
02-07 01:12 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
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CRAZYMONK
07-20 03:24 PM
Did you guys (@Sanjay, @linuxra, @Suvendra, @Optimizer) hear any thing back from USCIS? Any updates on your Case?
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amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
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joydiptac
04-22 07:35 PM
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
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swissgear
06-24 11:15 AM
http://online.wsj.com/article/SB10001424052748703900004575325412638269010.html#a rticleTabs%3Darticle
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
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rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
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logiclife
07-12 08:54 PM
Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
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chris
02-08 11:05 PM
Did you contacted congressman or opened any SR's ?
I'm also in the same boat. Cases after me are getting approved.:)
I'm also in the same boat. Cases after me are getting approved.:)
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nixstor
08-14 04:25 PM
Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
Called 6 different operators today? Wow!
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
Called 6 different operators today? Wow!
vallabhu
09-16 02:59 PM
Done
docwa
04-11 03:08 PM
Sure moonlighting should definitely be ok.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
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