pbojja
04-24 03:06 PM
Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country
wallpaper (Emily Browning)
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
initrode
07-30 08:53 PM
EAD
RD Jun 24
FP Jul 17
LUD Jul 17
AP
RD Jun 24
LUD Jul 1
RD Jun 24
FP Jul 17
LUD Jul 17
AP
RD Jun 24
LUD Jul 1
2011 5#39;2quot; Emily Browning might
thankgod
05-11 02:18 PM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
Its your stupidity to talk like this.
Then what about the people who want to immigrate legally and stand in the line for many years.
If they do pass DREAM Act now, the same thing will releat again in 2016 or 2020 .
The solution is really to deport all the illegal immigrants and to tighten the borders.
We are the one who is paying taxes and every year and thousands of dollars insurance.
If you do them legal (Young Illegals). simply, they will collect their Food stamps and their unemployment wages happily.
See to improve the economy really , they need to give the green cards to young talented legal people. then people like me and you will buy a home here with out any fear. You dont send money any more to your own country.
Think twice before you give a statement.
I totally disagree with you.
Its your stupidity to talk like this.
Then what about the people who want to immigrate legally and stand in the line for many years.
If they do pass DREAM Act now, the same thing will releat again in 2016 or 2020 .
The solution is really to deport all the illegal immigrants and to tighten the borders.
We are the one who is paying taxes and every year and thousands of dollars insurance.
If you do them legal (Young Illegals). simply, they will collect their Food stamps and their unemployment wages happily.
See to improve the economy really , they need to give the green cards to young talented legal people. then people like me and you will buy a home here with out any fear. You dont send money any more to your own country.
Think twice before you give a statement.
I totally disagree with you.
more...
path2success
01-02 10:27 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
anshal
12-30 08:13 PM
R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
more...
saimrathi
07-06 06:29 PM
I hope it being aired on 7/7/07 will bring our cases some luck..
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
2010 Emily Browning
dilbert_cal
02-20 11:50 PM
Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....
more...
imm_pro
06-12 04:36 PM
So whats going to happen next Thursday..more speakers and a wider audience..?
hair Emily Browning go from the
diqingshen
01-31 01:36 PM
U.S. Proposes Rise in Immigration Fees (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001762.html).
By SUZANNE GAMBOA
The Associated Press
Wednesday, January 31, 2007; 2:47 AM
WASHINGTON -- Becoming an American citizen could soon cost almost twice as much.
The Bush administration will propose nearly doubling the fee charged applicants for U.S. citizenship and significantly increasing fees for other immigration benefits, congressional and administration officials said Tuesday.
Fees for a wide variety of immigration services would rise an average of 66 percent, said two government officials who did not want to be named in advance of the administration's formal announcement of the proposal Wednesday.
The current fee of $330 to apply for citizenship would rise to slightly less than $600, an administration official said. Other fee increases are possible for green cards conveying legal residency, which now cost $325.
Applicants also now pay a $70 fingerprinting fee in each case. Fees also are paid for things such as work permits, replacing lost green cards and petitions to adopt orphans from other countries.
The proposed fee increases would not be final until after a public comment period.
Congressional Democrats last week warned in a letter to Emilio Gonzalez, director of the Homeland Security Department's Citizenship and Immigration Services, that they planned to review the agency's analyses behind any proposed immigration fee increases.
The letter was signed by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., immigration subcommittee chairman Sen. Edward Kennedy, D-Mass., House Judiciary Committee Chairman John Conyers, D-Mich., and immigration subcommittee chairwoman Rep. Zoe Lofgren, D-Calif.
Immigration advocates have been bracing for the expected jump in fees. William Ramos, Washington director for the National Association of Latino Elected and Appointed Officials, said the increases are "just going to be devastating to our communities."
"It will basically create another obstacle for those who want to realize their dream of becoming American citizens," Ramos said.
Citizenship and Immigration Services covers its costs with application fees. The agency is required to do a fee analysis every two years to determine whether money raised from fees is covering costs. The agency last raised its fees in 2004, citing the cost of more intense background checks in the wake of the Sept. 11, 2001, terrorist attacks.
Immigrant advocates long have argued that the agency's costs cannot be absorbed by application fees. They want Congress to appropriate money to help pay costs.
Large fee increases would be heavily felt in the Asian community, where two-thirds of the population in the U.S. is foreign-born, said Traci Hong, director of the immigration program for the Asian American Justice Center.
About 70 percent of foreign-born Asians in the country become American citizens, a high rate for immigrants. Hong worried that higher naturalization fees would slow that rate.
Also I heard a rumor that they are going to allow filing of i-485 for review first and then let you wait for the visa number. Hope it is true!
By SUZANNE GAMBOA
The Associated Press
Wednesday, January 31, 2007; 2:47 AM
WASHINGTON -- Becoming an American citizen could soon cost almost twice as much.
The Bush administration will propose nearly doubling the fee charged applicants for U.S. citizenship and significantly increasing fees for other immigration benefits, congressional and administration officials said Tuesday.
Fees for a wide variety of immigration services would rise an average of 66 percent, said two government officials who did not want to be named in advance of the administration's formal announcement of the proposal Wednesday.
The current fee of $330 to apply for citizenship would rise to slightly less than $600, an administration official said. Other fee increases are possible for green cards conveying legal residency, which now cost $325.
Applicants also now pay a $70 fingerprinting fee in each case. Fees also are paid for things such as work permits, replacing lost green cards and petitions to adopt orphans from other countries.
The proposed fee increases would not be final until after a public comment period.
Congressional Democrats last week warned in a letter to Emilio Gonzalez, director of the Homeland Security Department's Citizenship and Immigration Services, that they planned to review the agency's analyses behind any proposed immigration fee increases.
The letter was signed by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., immigration subcommittee chairman Sen. Edward Kennedy, D-Mass., House Judiciary Committee Chairman John Conyers, D-Mich., and immigration subcommittee chairwoman Rep. Zoe Lofgren, D-Calif.
Immigration advocates have been bracing for the expected jump in fees. William Ramos, Washington director for the National Association of Latino Elected and Appointed Officials, said the increases are "just going to be devastating to our communities."
"It will basically create another obstacle for those who want to realize their dream of becoming American citizens," Ramos said.
Citizenship and Immigration Services covers its costs with application fees. The agency is required to do a fee analysis every two years to determine whether money raised from fees is covering costs. The agency last raised its fees in 2004, citing the cost of more intense background checks in the wake of the Sept. 11, 2001, terrorist attacks.
Immigrant advocates long have argued that the agency's costs cannot be absorbed by application fees. They want Congress to appropriate money to help pay costs.
Large fee increases would be heavily felt in the Asian community, where two-thirds of the population in the U.S. is foreign-born, said Traci Hong, director of the immigration program for the Asian American Justice Center.
About 70 percent of foreign-born Asians in the country become American citizens, a high rate for immigrants. Hong worried that higher naturalization fees would slow that rate.
Also I heard a rumor that they are going to allow filing of i-485 for review first and then let you wait for the visa number. Hope it is true!
more...
pappu
01-31 11:02 AM
There are now couple of threads and several posts in different places on the same topic. I have merged 2 threads.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
hot Emily Browning will be
Devils_Advocate
07-22 12:05 AM
I have been following "Doggys" stuff and anti-anti blog for a while and know that he's not an anti for sure, and before anyone gets paranoid and accuses me of being "doggy" no sire i am not:p
more...
house Emily Browning and Arielle
njboy
12-12 12:51 PM
im waiting for the groans and moans
tattoo Emily Browning
aksm78
11-16 03:17 PM
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
more...
pictures (L-R) Emily Browning as Anna
shamu
01-15 08:46 PM
First of all, we would like to know whether your wife is pregnant or you are trying to know all the possible option for pregnancy.
If you are trying to know the option,
GOOD LUCK...
Thanks for asking. My wife is already pregnant, so trying to explore options.
But I have almost finalized to get into a group insurance.
Changing employer with AC21.
Thanks for your reply.
If you are trying to know the option,
GOOD LUCK...
Thanks for asking. My wife is already pregnant, so trying to explore options.
But I have almost finalized to get into a group insurance.
Changing employer with AC21.
Thanks for your reply.
dresses emily browning 2009.
needhelp!
09-02 09:28 AM
I wish I was in DC to do this! Texas is looking dryer by the day, and I am SICK of the excuses I heard.
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
more...
makeup Emily Browning Photo
waitingnwaiting
05-12 12:13 PM
That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)
Who is we?
why not you try to contact them?
Who is we?
why not you try to contact them?
girlfriend Movie Extra Tropfest 2009
gcnirvana
07-06 03:51 PM
Please send a PM to Pappu/Logiclife and ask the same. Core may not have time to read every single thread/post. PM or calling them is the best way to get their concurrence. HTH!
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
hairstyles Emily Browning ♥
pcs
06-17 01:07 PM
We can fax, while we work up a strategy...
niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
roseball
08-22 06:55 PM
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Tidak ada komentar:
Posting Komentar