sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
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ItIsNotFunny
10-09 05:17 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
I like this :)
I like this :)
kaisersose
07-27 12:57 PM
There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.
This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."
Doctor: Ok..Take off your pants and let us have a look at your friend.
This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."
Doctor: Ok..Take off your pants and let us have a look at your friend.
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cdeneo
01-05 04:45 PM
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
more...
kaisersose
06-04 10:30 AM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
chanduv23
08-19 11:06 PM
You are the biggest heros and inspiration to all. Hats off to you guys.
more...
desi3933
05-10 09:28 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
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sekharpurna
10-03 08:33 AM
Our (2 adult, 1 kid) FP was done yesterday 10/2 in Alexandria, VA, It took us 1 hr from the time we got in. Make sure to fillup the form quickly to get token number, but it may vary from place to place.
more...
EndlessWait
06-29 10:53 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
more...
ujjvalkoul
07-19 11:24 AM
Calculations do not matter. Its all politics. US Govt is playing us for fools. They will manipulate the numbers to suit themselves as and when they wish.
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GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
more...
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wizkid732
08-25 09:57 AM
Anyone?
Hi,
I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated
I contacted the Senators office and the rep there made a query to USICS> this is the response she got.
�This case is currently in an extended security review area."
She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time
Any Advise?
-Thanks
Hi,
I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated
I contacted the Senators office and the rep there made a query to USICS> this is the response she got.
�This case is currently in an extended security review area."
She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time
Any Advise?
-Thanks
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akilaakka
03-09 11:15 AM
Stuck no longer in the muck,
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
more...
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widad2020
08-11 09:21 AM
Pd 5/2006 ; Eb2-I; I-140 Approved NSC
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vin13
02-19 07:59 AM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
more...
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tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
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knnmbd
03-28 09:10 AM
The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.
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coolpal
02-06 10:34 AM
thanks sanju for the quick response..
My information in the profile is the most up to date info I have. My priority date is not current, and I am sorry if something in my previous post gave you that impression.
I am still using my H1B status and my wife is using her EAD, but since we applied for 485 in 2007, we have applied for EAD twice (once with 485 appl and a renewal later) but never received FPs.
Do you think I should still setup an Infopass?
thanks,
pal
My information in the profile is the most up to date info I have. My priority date is not current, and I am sorry if something in my previous post gave you that impression.
I am still using my H1B status and my wife is using her EAD, but since we applied for 485 in 2007, we have applied for EAD twice (once with 485 appl and a renewal later) but never received FPs.
Do you think I should still setup an Infopass?
thanks,
pal
coolgc
05-08 08:48 PM
Hello anu_t,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
wildvoice
02-06 06:33 PM
Hi Amulchandra,
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
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