ksrk
12-31 04:50 PM
Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.
HAPPY NEW YEAR TO ALL :)
Hey Chris,
If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.
Else, it may not mean anything...
Good luck anyhow!
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.
HAPPY NEW YEAR TO ALL :)
Hey Chris,
If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.
Else, it may not mean anything...
Good luck anyhow!
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Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
eb3India
03-09 09:03 PM
I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards
it just does'nt make sense, yes ofcourse reforms is dire necessity
it just does'nt make sense, yes ofcourse reforms is dire necessity
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dtekkedil
07-02 11:34 PM
I can do it...
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
more...
rameshvaid
05-27 10:25 AM
As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).
By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.
Seems FAIR is slowly creeping into DMV also.
Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??
By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.
Seems FAIR is slowly creeping into DMV also.
Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??
eb3stuck
09-22 07:20 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
more...
sanjaymm
03-06 06:07 PM
I will email the scans, as soon as I get home
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murali77
06-16 01:39 AM
Thanks for the reply.
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
more...
IV_Friend
03-30 12:18 PM
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
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sac-r-ten
03-22 10:34 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
more...
ghost
02-07 10:54 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
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kunjirs
03-07 04:16 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
more...
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arunmohan
04-01 12:28 PM
greenguru:
Congratulation.
From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?
Once again congratulation and Enjoy your freedom.
Thanks a lot.
Congratulation.
From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?
Once again congratulation and Enjoy your freedom.
Thanks a lot.
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peer123
04-04 04:54 AM
,,,,, others please weigh in
more...
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harivenkat
05-11 03:21 PM
Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
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puskeygadha
07-08 02:47 PM
is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
more...
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chtting2me
06-28 08:38 PM
Is it worth to file premium processing on friday?
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chi_shark
08-20 03:07 PM
you are dreaming about points 1 and 2 as marked in your post below. democracy is about govt by the people for the people. got nada to do with taxation. Maybe you live near washington dc and are confused with what they write there on the asses of their cars. 2. people who earn a living from your tax dollars are answerable only to constituents... and you my friend are not a constituent until you become a citizen with voting rights.
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
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aristotle
02-08 12:46 PM
You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.
If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?
If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?
gcformeornot
06-06 06:55 PM
Job should be same or similar responsibilities and salary
salary is not requirement. It can not be less off course. It can be equal or more than LC.
Currently only 2 requirements
140 Approved and 485 pending more than 180 days.
Job should be same or similar title. Yes title only job duties do not matter.
This is per my lawyer.
salary is not requirement. It can not be less off course. It can be equal or more than LC.
Currently only 2 requirements
140 Approved and 485 pending more than 180 days.
Job should be same or similar title. Yes title only job duties do not matter.
This is per my lawyer.
mwin
08-17 02:14 PM
I485 will be accepted, if all other things are good.
Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.
Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.
