mohican
01-14 03:37 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
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Legal
07-18 03:08 PM
http://www.shusterman.com/pdf/ca708.pdf
what_now
05-27 01:29 PM
$50
Transaction ID: 1D096227KC182092G
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Sorry I can't attend.
Transaction ID: 1D096227KC182092G
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Sorry I can't attend.
2011 Labrador most popular dog for
485_spouse
03-17 02:31 PM
Senator Frist bill is better as it has no so called 'Guest worker' clause.
Just wrote an email to Senator Frist for removal of country limit.
I hope with this bill I'll get my GC by next year.:)
Just wrote an email to Senator Frist for removal of country limit.
I hope with this bill I'll get my GC by next year.:)
more...
belmontboy
08-21 06:34 PM
I am not sure if it is only me.....but many times I see strangers wishing me or each other morning, evening...."how u doing" ,,,etc....
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
mommy told me not to talk to strangers :p
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
maybe it is a culture thing for us not to greet strangers ?
PS - I have had my share of experience where non-Indians are also sometime rude me to me .....
mommy told me not to talk to strangers :p
neerajkandhari
06-25 08:04 PM
I Got The Bad News Today Too
What A Waste Of Money
What A Waste Of Money
more...
reddymjm
01-13 01:24 PM
Its not a surprise. Every one expected this. Alteast me.
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irma05
02-26 04:09 PM
Hi !!
3 more letters to Bush & IV;)
3 more letters to Bush & IV;)
more...
andy garcia
09-25 02:36 PM
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
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abhijitp
09-21 06:52 PM
I didnt attend the rally because I thought there isnt much that would come out of it. The expense was too much to fly from CA. However, if it was in the BA I would have gone...
mrane1, zerocomplexity, jay75: You know that CA had (one of or maybe THE) the biggest contingent at the rally. Besides, help was available to get you to the rally from CA or WA or OR.
A lot of us including myself flew on the 18th and returned the same evening, and a lot of us, again, including myself were part or fully sponsored by others who could not make it for personal reasons.
Of course, if you thought there is not much that would come out of it... it is a different story. Maybe you should look at the positive energy that every one of those 1000 souls is brimming with.
Need to call or faxing senators when the next bill about legal immigration comes to discussion? Oh ... that is a piece of cake if you ask any of these 1000 souls who made it to DC and proudly marched beneath the Sun shining over the capital of the nation!
mrane1, zerocomplexity, jay75: You know that CA had (one of or maybe THE) the biggest contingent at the rally. Besides, help was available to get you to the rally from CA or WA or OR.
A lot of us including myself flew on the 18th and returned the same evening, and a lot of us, again, including myself were part or fully sponsored by others who could not make it for personal reasons.
Of course, if you thought there is not much that would come out of it... it is a different story. Maybe you should look at the positive energy that every one of those 1000 souls is brimming with.
Need to call or faxing senators when the next bill about legal immigration comes to discussion? Oh ... that is a piece of cake if you ask any of these 1000 souls who made it to DC and proudly marched beneath the Sun shining over the capital of the nation!
more...
mhtanim
09-12 07:23 PM
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
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rockstart
07-18 06:49 PM
All I want to know is even today EB1 2008 gets his GC before 2001 EB3 and that is fair to everybody. But the minute EB2 got preference things have become unfair how is that?
There were simply two barriers put by CIS for EB GC one is EB Category (horizontal bar) and Country of birth (vertical bar) Now country of birth is something not in your hands where as EB category is something that you can change (acheive) its in your hands. Come one all of us if we study hard can qualify for EB1 but because of various reasons or circumstances we chose to be in EB2 or EB3 (people who crib about employers or any other reason know in their hearts that i they wanted to change they could have simply they decided to remain happy in what they got)
So instead of asking to mountain to come to mohammed people should take this news positively and see how they can benefit from it. The spill going to Eb3 ROW was not helping any one since there is no way one can change country of birth
Starving any particular queue badly does not help the throughput of any system .
I hope DOS will realise this and change their algorithm accordingly.
Each countries quota is equally divided among all EB categories, IMO, The spill overs also should be equally divided among all the EB categories.
There were simply two barriers put by CIS for EB GC one is EB Category (horizontal bar) and Country of birth (vertical bar) Now country of birth is something not in your hands where as EB category is something that you can change (acheive) its in your hands. Come one all of us if we study hard can qualify for EB1 but because of various reasons or circumstances we chose to be in EB2 or EB3 (people who crib about employers or any other reason know in their hearts that i they wanted to change they could have simply they decided to remain happy in what they got)
So instead of asking to mountain to come to mohammed people should take this news positively and see how they can benefit from it. The spill going to Eb3 ROW was not helping any one since there is no way one can change country of birth
Starving any particular queue badly does not help the throughput of any system .
I hope DOS will realise this and change their algorithm accordingly.
Each countries quota is equally divided among all EB categories, IMO, The spill overs also should be equally divided among all the EB categories.
more...
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santb1975
04-30 12:32 AM
Thanks to all the contributors and to the leaders of this drive
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140jibjab
07-05 01:43 PM
com 'on. H4 process is known as Dependent Visa. You knew this before getting your "Babli" to the US. Let H4 prove the Credentials and Get H1 and then start seeing "Green".
Nobody asked you to get married :)
Nobody asked you to get married :)
more...
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whoever
02-08 03:58 PM
please be polite to him/her. I dont like the word/phrase "hook you with guy". you could say "recommend you to .." instead.
dresses In reality reeds change over
ChainReaction
06-20 11:33 AM
is UNLIKELY to pass at least in its current form. Public hospitals, underserved area clinics, Universities are not Google and Oracle!!! They'll go under if they have to pay 5000 $ for H1Bs. People probably don't have the faintest idea under what kind of financial strain these are. There will be exemptions for universities and non-profit organizations.
Not only the 5K filing fee , One have to do newspaper advertisement like PERM the cost of lawyer fee and I read somewhere One year extension for H1b beyond 6yrs since I140 will be out of the picture. :eek:
Not only the 5K filing fee , One have to do newspaper advertisement like PERM the cost of lawyer fee and I read somewhere One year extension for H1b beyond 6yrs since I140 will be out of the picture. :eek:
more...
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ncrtpMay2004
01-13 04:45 PM
Someone please explain this to me,
The labor certification for a EB visa is based on a job/position requirement.
What is the intent of EB based GC?
How long is the person expected to the job for which the LC was approved?
Does that clock start when the LC was approved or when the i485 was approved?
If there is an drive for this effort, I will contribute.
The labor certification for a EB visa is based on a job/position requirement.
What is the intent of EB based GC?
How long is the person expected to the job for which the LC was approved?
Does that clock start when the LC was approved or when the i485 was approved?
If there is an drive for this effort, I will contribute.
girlfriend Welcome to my dog breed guide!
nrakkati
03-20 08:36 PM
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
Yes. Your assumption
"you never worked for X and has been working w/o break with #2 ... u said, I believe"
is correct.
Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.
When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.
Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.
Thanks for your input.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
Yes. Your assumption
"you never worked for X and has been working w/o break with #2 ... u said, I believe"
is correct.
Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.
When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.
Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.
Thanks for your input.
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RNGC
07-09 04:50 PM
I would defenitely say that not letting H4 people to work is not only discrimination , it is also Human Rights violation....
US should stop accusing other countries of human rights violations when they have so many issues to take care off.....Just think about 20 million illegal immigrants living in dark...no health care, no rights , no driver license....
This rule "when you point a finger at someone, there are 4 fingers pointing at you..." is just for USA!
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
US should stop accusing other countries of human rights violations when they have so many issues to take care off.....Just think about 20 million illegal immigrants living in dark...no health care, no rights , no driver license....
This rule "when you point a finger at someone, there are 4 fingers pointing at you..." is just for USA!
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
santb1975
05-01 07:31 PM
We need 939$ to get to out first 10k
Total: 9061 USD.
Thanks lalithkx, sirinme, gc78
Total: 9061 USD.
Thanks lalithkx, sirinme, gc78
walking_dude
09-20 02:16 PM
Nothing succeeds without leadership and proper plans. If we go by the current rule - every one is a leader - we will learn soon 'Too many Cooks spoiled the broth'. If each person steering the boat paddles in a different direction, boat will go in circles.
Focus is the most important factor in success. Right now, I'm focussed on what's getting posted here, as I don't have anything else to focus on till I hear the next secret broadcast , which I never get.
Sales/Marketing is severely lacked in promoting State chapters. IV website does provide good info on filing 485, other forms, suggestions etc. What's the incentive in becoming a State chapter member? What are the costs vs. benefits? Unless people find benefits they'll not volunteer. It's hard to sell only 'action items'. Baits such as Free legal help, help filling Immigration forms (by experienced members) etc. may motivate people and make them sympathetic to our cause.
If we stick to 'Don't ask what we can do for you, ask what you can do for us', we won't go far with it.
The answer is we all will have to bell the cat...and it will take more than a few attempts to do that.
IMHO, we should focus on what we can do rather than focusing on what some people could have done or what some one did to dampen the last attempt.
People will always find time for what is important to them; all we can do is try to make it more convenient and keep giving then enough opportunities.
We should have some sales/marketing people on this forum; they could have told us about how long it takes to convert a prospect to a customer.
Have faith my friend...
Focus is the most important factor in success. Right now, I'm focussed on what's getting posted here, as I don't have anything else to focus on till I hear the next secret broadcast , which I never get.
Sales/Marketing is severely lacked in promoting State chapters. IV website does provide good info on filing 485, other forms, suggestions etc. What's the incentive in becoming a State chapter member? What are the costs vs. benefits? Unless people find benefits they'll not volunteer. It's hard to sell only 'action items'. Baits such as Free legal help, help filling Immigration forms (by experienced members) etc. may motivate people and make them sympathetic to our cause.
If we stick to 'Don't ask what we can do for you, ask what you can do for us', we won't go far with it.
The answer is we all will have to bell the cat...and it will take more than a few attempts to do that.
IMHO, we should focus on what we can do rather than focusing on what some people could have done or what some one did to dampen the last attempt.
People will always find time for what is important to them; all we can do is try to make it more convenient and keep giving then enough opportunities.
We should have some sales/marketing people on this forum; they could have told us about how long it takes to convert a prospect to a customer.
Have faith my friend...
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