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  • stemcell
    03-07 11:53 PM
    Londontown

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...





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  • fide_champ
    04-07 09:37 AM
    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.

    Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.

    Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.





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  • cleopatra
    02-17 08:27 AM
    Read the following two stories.

    Story 1

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But nothing changed.

    There was no end in sight and eventually what was a pleasant life started turning bad due to various rules being enacted to push people like me away. They succeeded and I left America.

    After I had to leave america, I came back to this country and had a decent life. But I still liked my life in america and I wanted to live there. But I could not achieve that dream.

    When I thought about what went wrong, I realized that the reason is I did not see the opportunity that presented itself to me - To join others and work together to resolve my problems.

    I thought someone else would do the work. Maybe others thought the same way too. So eventually there was not a huge crowd explaining our problems. So it was not seen as a serious issue and so nothing was addressed.

    When I think back now, if I had seen the opportunity and united with others like me, I would have got what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."





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  • bluez25
    07-16 04:03 PM
    Hi tinku,

    I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.

    Hope this information helps.



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  • PBECVictim
    03-12 07:09 PM
    Did you get second finger print notice before approval? When did you go for first fingerprint notice?

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)



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  • panky72
    05-21 02:03 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

    I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)





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  • contact
    04-27 10:45 AM
    whether the incident is true or not, IV member is trying to caution us that we should be fully focused when the officer examines our passport.



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  • vkmurthy260
    06-20 05:48 PM
    Hi,

    I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .

    Thanks

    Kris.





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  • Sakthisagar
    10-27 09:43 AM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,

    Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.

    Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
    any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.



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  • r_mistry
    01-18 11:44 AM
    Friends,
    How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

    I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

    Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

    Many thanks for your input on this.





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  • beautifulMind
    06-16 10:10 AM
    Are you sure of this..This is very important for my wife. Her F1-OPT begins in October and I feel that the I-485 EAD may not come till then. She also has a job offer to start in october so we are thinking that it should be ok to start working on F1 OPT till we get our 485-EAD and eventually shift



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  • Rayyan
    07-28 03:01 PM
    Just wanted to let you all know I got my name change in the passport ( Indian Embessy NY)
    thanks for all your help





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  • chunky
    07-26 03:17 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency



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  • wandmaker
    10-13 02:40 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.

    Correct





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  • laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154



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  • roseball
    08-03 07:49 PM
    If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......

    Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....

    Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck





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  • meragcdedobhai
    10-27 12:39 PM
    to Motivated...

    It seems like sheep when we are in touble to we are running helter skelter.





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  • clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.





    gc_check
    02-21 03:27 PM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:

    Check below article in Times of India
    " Indian IT firms to lobby Bush to increase HI-B quota "

    http://timesofindia.indiatimes.com/articleshow/1423058.cms





    maverick_iv
    11-27 02:03 PM
    There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.

    For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.

    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you



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