nrk
10-26 09:06 PM
I wanted to find about pre approved or pre adjudicated case, We have been hearing the same more often in the forum, so out of curiosity i opened a Service Request.
I kind of have a good relation ship with the former employer, worked with them for 4 years. I just called my company HR and he said he does not know my name is on withdrawn list but he will check the list and let me know tomorrow.
Is it just out of curiosity you inquired about your pending 485?
Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.
I kind of have a good relation ship with the former employer, worked with them for 4 years. I just called my company HR and he said he does not know my name is on withdrawn list but he will check the list and let me know tomorrow.
Is it just out of curiosity you inquired about your pending 485?
Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.
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pappu
08-09 10:34 AM
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
mammoy2k
06-05 03:43 PM
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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sjkumar
05-01 11:10 AM
Defence deals , trade , outsourcing and immigration have always been very closely related all these years . The main reason that Obama was in India was to sell American wares and the No 1 list of his agenda was the $10.1 Billion MMRCA deal apart from future contracts on India's Nuclear Power generation program.
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
Nothing positive in Indo-US ties since nuclear deal - Times Of India (http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector)
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
Outsourcing.. Immigration ...Trading.. India Opening couple of more sector for MNC to invest all are related.. Shortly we will hear news about India Opening Retail or some other sector for MNCs to invest or open shop.. Remember one of India's biggest Export is Skilled Man power .. be it IT engineers,Nurses,Plumbers etc...
India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.
This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )
India Links Visa Flap with Doha Talks (http://www.businessweek.com/globalbiz/content/may2007/gb20070518_492934.htm)
"The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "
So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .
In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.
Nothing positive in Indo-US ties since nuclear deal - Times Of India (http://articles.timesofindia.indiatimes.com/2011-04-29/india/29487082_1_nuclear-deal-nuclear-liability-law-indian-nuclear-power-sector)
"Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."
Outsourcing.. Immigration ...Trading.. India Opening couple of more sector for MNC to invest all are related.. Shortly we will hear news about India Opening Retail or some other sector for MNCs to invest or open shop.. Remember one of India's biggest Export is Skilled Man power .. be it IT engineers,Nurses,Plumbers etc...
more...
desijackass
04-09 11:31 AM
Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??
akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
more...
Munna Bhai
04-13 08:36 AM
May visa bulletin will be here today(most prob.)..they r doing the 'cut and paste" of last bulletin right now..:D
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
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hotammo
10-29 09:46 AM
As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
Not very many things have changed since getting GC but with the economy in turmoil at least I have a little peace of mind that if anything were to happen to my current job, the struggle for another job would be easier (hopefully). -
- What did you do on the day you received it?
Went with my wife to a Moe's
- How did the long wait upset your life?
It did not affect my life too much and it should not as I got my GC within 7 years of my coming to the US, while a lot of my borthers who have been to the US longer than I are still waiting. - How did immigrationvoice help you during this long wait?
IV was like panacea for all immigration related anxieties.- Would you like to continue your support to immigration voice and help others waiting?
Absolutely, thus coming back to IV.
- Any advice for everyone?
Well coming from a person who had to wait relatively less time for GC, this might seem shallow, but I have followed one simple principle in life, perserverence. Also I have planned ahead for the next step before one reaches the finish line as it keeps you motivated to reach higher, become better. So let GC be the goal but not let it stop you from enjoying life.
First step after GC, go to SSN office and get your Social Security card renewed to the one which does not have the line "INS authorization required to work. ANd if you follow Murthy wait at least 6 months before leaving your GC sponsoring employer.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �
- How has greencard changed your life after receiving it?
Not very many things have changed since getting GC but with the economy in turmoil at least I have a little peace of mind that if anything were to happen to my current job, the struggle for another job would be easier (hopefully). -
- What did you do on the day you received it?
Went with my wife to a Moe's
- How did the long wait upset your life?
It did not affect my life too much and it should not as I got my GC within 7 years of my coming to the US, while a lot of my borthers who have been to the US longer than I are still waiting. - How did immigrationvoice help you during this long wait?
IV was like panacea for all immigration related anxieties.- Would you like to continue your support to immigration voice and help others waiting?
Absolutely, thus coming back to IV.
- Any advice for everyone?
Well coming from a person who had to wait relatively less time for GC, this might seem shallow, but I have followed one simple principle in life, perserverence. Also I have planned ahead for the next step before one reaches the finish line as it keeps you motivated to reach higher, become better. So let GC be the goal but not let it stop you from enjoying life.
First step after GC, go to SSN office and get your Social Security card renewed to the one which does not have the line "INS authorization required to work. ANd if you follow Murthy wait at least 6 months before leaving your GC sponsoring employer.
Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
more...
shree19772000
12-05 03:05 PM
I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?
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jasguild
07-16 10:59 PM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
more...
.soulty
02-03 06:22 AM
placed my vote, all entry's were awesome, well done everyone. :smirk:
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sats123
06-19 09:51 PM
Here is another part of story.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
more...
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sanan
07-07 06:11 PM
Was it aired today?
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vin
09-19 08:12 PM
This is a constant struggle. Didn't you see lage raho munnabhai where munnabhai pitches a tent outside the landlord's house to win his favor.
more...
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rvr_jcop
02-13 12:58 PM
I filed my 485 in June 2007 in Nebraska and yesterday my LUD changed but there was no message. This is the first change in my LUD since my finger printing in July 2007. I am EB3-I with PD of Dec 2002. Not sure what got updated. Any ideas???
I've got LUD on mine and my wife's 485 on 02/10/2009. So far I got nothing, RFE or finger prints. My previous LUD on 11/26/2007.
Also, I applied for AP and I had LUD on 02/09. So I wasnt sure if they just checking for 485 before approving my AP>
I've got LUD on mine and my wife's 485 on 02/10/2009. So far I got nothing, RFE or finger prints. My previous LUD on 11/26/2007.
Also, I applied for AP and I had LUD on 02/09. So I wasnt sure if they just checking for 485 before approving my AP>
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IndianIII
09-27 10:35 PM
Your university looks like a wierd one. How can one get a course completion certificate when there were 2 papers pending.
more...
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mirage
07-27 03:59 PM
Why the hell are you guys calling USCIS, calling them won�t expedite your process. You are just showing the person on the other side of the phone what kind of crappy people we are.
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lfadgyas
04-16 11:19 AM
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
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immigrationvoice1
11-11 11:15 AM
July 27th '07 filer. My wife and I have received EAD and AP but no FP notice yet. Did not open SR. Case went from VSC to TSC.
mwin
05-15 02:06 PM
You can some idea about 140jibjab by reading his old posts.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
chanduv23
11-16 03:10 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
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