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cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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angelfire76
05-26 05:47 PM
Yeah CBP is made up of the most xenophobic people I've met. Even on the Canadian border, as Mexican border it's understandable.
If Mexicans get ill-treated then the Hispanic groups will yell "racism", but if we do, our fellow PRs and US citizens will look down at us from their perch and say "Follow the law/process". No wonder it's open season on us.
If Mexicans get ill-treated then the Hispanic groups will yell "racism", but if we do, our fellow PRs and US citizens will look down at us from their perch and say "Follow the law/process". No wonder it's open season on us.

concorde
07-23 04:32 PM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
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natrajs
07-06 05:33 PM
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Congrats and Best Wishes
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Congrats and Best Wishes
more...

ss_col
07-11 01:57 PM
Not to be a damper but I think theres something else thats going on and its not for the benefit of EB2. I know many people before April 04 who have not got their GC's. Anyways, lets hope for the best.

stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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immigrant2007
03-12 10:59 AM
IV has not failed. If the objective has not been met then it is our fault not Pappu's.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.
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kartikiran
07-12 04:26 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
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glus
07-18 08:13 PM
guys,
please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.
Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.
G
please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.
Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.
G
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seahawks
11-17 11:37 PM
Here's mine - NRC2008065496
I just send mine by US mail last week. My wife send hers too, I havent received a receipt no yet.
I just send mine by US mail last week. My wife send hers too, I havent received a receipt no yet.
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sameer2730
11-25 08:51 AM
wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
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gcphul
04-09 12:05 AM
I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.
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desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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rajuram
11-11 10:33 PM
With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...
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yasimk
06-20 05:26 PM
Hi,
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
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greyhair
02-12 01:56 PM
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.
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06-25 05:43 AM
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snathan
08-21 12:27 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I couldnt understand if you are coming under employment/family based green card or illegal. There is huge backlog and people are waiting around ten years to get the GC. So there is no point in blaming USCIS. You need to contact the top notch Immigration attorney asap. I dont think anyone here would be able to help you in your situation. DON'T waste your time here.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I couldnt understand if you are coming under employment/family based green card or illegal. There is huge backlog and people are waiting around ten years to get the GC. So there is no point in blaming USCIS. You need to contact the top notch Immigration attorney asap. I dont think anyone here would be able to help you in your situation. DON'T waste your time here.
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paskal
07-16 06:18 PM
only the media can do this for us
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
senthil1
06-12 10:03 PM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
danu2007
10-30 11:03 PM
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