dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
pointlesswait
03-13 09:26 AM
its back to the same question: IS MBA worth the time and money!
facing stagnation ..in our eternal wait for GC...what are the risks of not pursuing an MBA in you want to further or change ur career later on!
its not all bad to pursue PT..provided u make the right concentration choice!
There are success and failues in Pt programs! My friend got his MBA (PT) from UIC ..nowhere in any list..;-)...and landed a job as a director of IT for a consulting firm...his benefits and all tops 180K..now..its up to you to figure out how big a paycheck makes you a happy man.;-)
There will always be the traditionalists who believe Old school MBA is the best!..but..how many desis have the luxury of stopping work and going FT.
both arguments are valid....but to succeed in PT..go by ur gut ..
duniya ..hope par chalithi hai.;)
my 2 cents!
facing stagnation ..in our eternal wait for GC...what are the risks of not pursuing an MBA in you want to further or change ur career later on!
its not all bad to pursue PT..provided u make the right concentration choice!
There are success and failues in Pt programs! My friend got his MBA (PT) from UIC ..nowhere in any list..;-)...and landed a job as a director of IT for a consulting firm...his benefits and all tops 180K..now..its up to you to figure out how big a paycheck makes you a happy man.;-)
There will always be the traditionalists who believe Old school MBA is the best!..but..how many desis have the luxury of stopping work and going FT.
both arguments are valid....but to succeed in PT..go by ur gut ..
duniya ..hope par chalithi hai.;)
my 2 cents!
check_name
07-21 02:02 PM
I got stuck in FBI name check for over 2+ years (24+ months)... run out of
patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!
I live in Maryland, I'd like the attorney to be located in great DC area.
I really appreciate your help
patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!
I live in Maryland, I'd like the attorney to be located in great DC area.
I really appreciate your help
chandupatla
02-25 10:35 AM
Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?
more...
pappu
09-18 09:21 AM
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
tinamatthew
07-23 10:45 AM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
more...
newuser
05-30 12:35 PM
If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.
brugen
08-19 03:47 PM
Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!
more...
.jpg "hell single avril lavigne,")
vparam
11-01 09:34 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
Prashanthi
03-23 01:07 PM
Hi,
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
more...
HOPE_GC_SOON
06-05 06:27 PM
Hi
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
![avril lavigne what hell single cover. [SINGLE COVER] What The Hell](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjyVpjdrGt-DG8mPTlrxoHhpRG6dZ5y_ZQVTlhih3h4S9eqvnCCPVDD9Gs_NF7kh-9ihn5SBYF0R5yAWObz2HFK0uG0RnpWrpuU8St2vrdWhQ1NCBTRQzhGE-v0fvCZPRiGQkVx-Vqr3hc/s1600/whatthehell.png "[SINGLE COVER] What The Hell")
makemygc
10-20 07:47 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
more...
Better_Days
03-03 02:30 PM
Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
agt
05-23 08:12 PM
Thanks for your reply.
more...
learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
more...
miguy
06-29 10:45 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
yetanotherguyinline
03-02 03:03 PM
Here is the abstract of the paper....
Abstract:
Immigrants have historically provided one of America's greatest competitive advantages. They have come to the United States largely to work and have played a major role in the country's recent growth. Between 1990 and 2007, the proportion of immigrants in the U.S. labor force increased from 9.3 percent to 15.7 percent. Approximately 45 percent of the growth of the work force over this period consisted of immigrants. Moreover, a large and growing proportion of immigrants come with high levels of education and skill. They have contributed disproportionately in the most dynamic part of the U.S. economy - the high-tech sector. Immigrants have co-founded firms such as Google, Intel, eBay, and Yahoo. And immigrant inventors contributed to more than a quarter of U.S. global patent applications.
Since even before the 2008 financial and economic crisis, some observers have noted that a substantial number of highly skilled immigrants have started returning to their home countries, including persons from low-income countries like India and China who have historically tended to stay permanently in the United States. These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
Who are these returnees? What motivated their decision to leave the United States? How have they fared since returning?
This paper attempts to answer these questions through a survey of 1,203 Indian and Chinese immigrants who had worked or received their education in the United States and returned to their home country.
We find that, though restrictive immigration policies caused some returnees to depart the United States, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
Abstract:
Immigrants have historically provided one of America's greatest competitive advantages. They have come to the United States largely to work and have played a major role in the country's recent growth. Between 1990 and 2007, the proportion of immigrants in the U.S. labor force increased from 9.3 percent to 15.7 percent. Approximately 45 percent of the growth of the work force over this period consisted of immigrants. Moreover, a large and growing proportion of immigrants come with high levels of education and skill. They have contributed disproportionately in the most dynamic part of the U.S. economy - the high-tech sector. Immigrants have co-founded firms such as Google, Intel, eBay, and Yahoo. And immigrant inventors contributed to more than a quarter of U.S. global patent applications.
Since even before the 2008 financial and economic crisis, some observers have noted that a substantial number of highly skilled immigrants have started returning to their home countries, including persons from low-income countries like India and China who have historically tended to stay permanently in the United States. These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
Who are these returnees? What motivated their decision to leave the United States? How have they fared since returning?
This paper attempts to answer these questions through a survey of 1,203 Indian and Chinese immigrants who had worked or received their education in the United States and returned to their home country.
We find that, though restrictive immigration policies caused some returnees to depart the United States, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
Norristown
10-09 01:32 PM
I don't know many people are eagerly looking for Nov bulletine. I am almost done with looking for any hope in near future. Most of EB-2 guys might be following these bulletines. If there are some indications that dates are changing then we see lot of traffic on this forum , otherwise just like sleeping dog!
jkays94
04-01 10:29 AM
IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
gc_chahiye
11-29 03:33 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
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