cgs
11-21 09:19 AM
just sent a mail to cbs.
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dc4opera
05-19 01:07 PM
One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
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chanduv23
07-27 03:03 PM
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.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
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.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
more...
viper673
06-07 11:03 AM
I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.
I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.
The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.
I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?
The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.
I feel like the officer is trying to make it extremely hard for me to get my status adjusted....
PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..
I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.
The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.
I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?
The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.
I feel like the officer is trying to make it extremely hard for me to get my status adjusted....
PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..
mbartosik
08-20 06:35 PM
I'm a UK citizen (waiting for GC), and one obversation that I have is:
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
more...
walking_dude
01-30 11:46 AM
Thanks.
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
Also, E-mail them the IV Press Release too so that they understand that a whole community is impacted by the issue and there is an organization working on this issue. We are collecting stories from members and can provide to media if they contact us.
Anyone with licence rejection contact - vivek AT ImmigrationVoice DOT org
We want to get our issues covered by media. Everyone please help us get our DL issues covered by them.
Thanks again for doing the right thing.
Emailed Detroit News and Free Press
and NPR(Miradio.org)
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Rishi
01-05 11:18 AM
logiclife,
Is this related to IsnAmerica.org? I see many people in both the places. If these two are different then it is really bad that we are not uniting our efforts.
my 2 cents
Rishi
Is this related to IsnAmerica.org? I see many people in both the places. If these two are different then it is really bad that we are not uniting our efforts.
my 2 cents
Rishi
more...
ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
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senthil1
09-17 01:47 AM
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Thanks to everyone who signed the petition.
I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.
I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
Thanks to everyone who signed the petition.
I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.
I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
more...
obviously
08-04 12:08 PM
Thanks for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
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sundeep14
09-27 11:01 AM
this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...
suggestions??
suggestions??
more...
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basav
08-04 02:30 PM
Awaiting for the response from experts, kindly help.
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morpheus
04-06 11:06 AM
Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
more...
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
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gsc999
04-13 11:32 AM
Lets not despair about lack of support from other organizations. We have 10K+ members now. We are gaining momentum. It won't be long before these organization come to us for support. Given the presidential election looming on the horizon, maybe some of the candidates will need endorsement from us, maybe not, who knows. Lets use this time to meet the lawmakers and educate them about our issues.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
more...
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GCSOON-Ihope
11-03 04:04 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
Is medical coverage provided by the company to all other employees?
If so, there is no reason why you should be denied coverage, H1 or not...
Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
Welcome to America.
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knowDOL
04-24 11:05 AM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
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thomachan72
05-10 12:43 PM
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
Do you guys send >20K? via wire transfer?
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
Do you guys send >20K? via wire transfer?
ebizash
06-20 01:53 PM
My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
ash27
04-02 09:55 PM
Thanks Ams. Do you see any issues using AC21 to move to companies like TekSystems? Also, do you have any information on some of the new provisions in the pipeline.
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