Kama Of Kingstone

I dont think that is correct - as per my lawyer this is what she says -

In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job

If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

Sorry about the generalization. I was refering to Senthil1 kind of folks, not folks like you. Thanks for all the support. My friend got a green card as recently as a month back, he struggled for a long time before he got one, I asked him if he wants to come for the rally and he told me "MRRRRRRRR I GOT MY GREEN CARD, YOU ARE ASKING THE WRONG PERSON FOR THE RALLY" and the same person told me "SOMETHING MUST HAPPEN TO THESE ROTTEN CONSULTING COMPANIES, THEY ARE RUINING THE SYSTEM" he got his GC from a small consulting company and after getting his GC he says these companies must not exist - he wants to shut thee door behind him

These kind of people need to realise that they were in the same boat and just got across the shore. It does not mean that they should not help such people for a good cause. I hope that the current list of GC seekers do not fall in to such category in future. There are only a very few who lead by example and it is better to follow a good example. (That is why they are called leaders). I hope you can ignore these kind of people.

Thanks

I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job

Should I take AC21 route instead as I have an offer with the company B.

If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.

Got my receipt letter from USCIS. The FOIA request has been put on the complex track.

By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..

Here is my wireframe / project screenshot

http://www.inmod.com/casey/subway_wire.jpg

[.soulty - removed img tags.. lets not make the thread too wide]

http://www.fbi.gov/hq/nationalnamecheck.htm

Done

Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.

My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.

Hi,
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.

So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.

Thanks.

Can someone please shed light on this - I was looking for the same information.

What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

Thank for all the advise.

---------------------------------
Contributed $100.

Setup through my bank.

Good job IV!

i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
2) If i apply for H1 this year how many years of stay i'll get with H1B.

Please help me with this madam as soon as possible.

Thanks in Advance.

at which point it will be alottery again ..until dates move back to the stone age..in August 2009

I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05

..and then:

VB-Sept-07 EB3-ROW PD be Aug-02

Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.


Well, First let me tell you that nothing in USCIS makes any sense.

Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.

Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...

As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.

Anything is possible here dear !

Need help!!!

I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:

1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?

2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?

Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.

everyone was expecting them to go U

EB1 has cutoff?? for the first time in recent memory?

Done, thanks for your comments
perhaps you want to make it even simpler?

- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.

copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)

Hi:
My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
Anybody?
Thanks and regards,
Slowhand

Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).







Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]

But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.

sent it.

Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.

Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...