desi3933
06-23 12:19 PM
Can an employer revoke the I-140 after 180 days of I-485 pending?
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
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sukhyani
12-15 11:24 AM
contact the author
http://www.manhattan-institute.org/html/jacoby.htm
Thanks
http://www.manhattan-institute.org/html/jacoby.htm
Thanks
jonty_11
01-21 01:58 PM
Not that anyone would do this purposefully...
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
2011 you
Eternal_Hope
09-10 12:16 AM
I feel that because of the preadjudication of July 07 applications, USCIS now has a better idea of the application backlog. They also know that usually at the end of the fiscal year they have EB-1 and ROW EB-2 visas left; they might have therefore decided to finish off the EB-2, 2004 cases, even if it means consuming more than the annually designated 3200 visas early in the fiscal year.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
more...
CADude
08-18 06:54 PM
Your check should be cleared by now, if you have given yours or check with Attorney.
Please call USCIS Customer Service and ask for clarification.
LUD on 08/05/07
Other details are in signature.
Please call USCIS Customer Service and ask for clarification.
LUD on 08/05/07
Other details are in signature.
krishnam70
07-03 05:57 AM
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Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
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Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
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Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
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gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
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NKR
04-24 02:47 PM
Do you have any suggestions?
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
Yes I do.
If the employee needs to leave after two years and if he has had a good track record, relieve him in good terms, don�t scr** him.
If the employee helps in your business, you got to help him too (Just like the referral policy), don�t think that just because he works for you, he is obliged to help you in your business in other means, it is not in his list of roles and responsibilities.
It is the employer�s duty too to find projects, if the employee finds project for himself, then reward him with bonus.
Above all, the desi employers need to come out of cheap mentality and become more professionals.
Not that you care but I can give you more suggestions.
more...
desi3933
06-23 10:49 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
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mrajatish
05-01 09:41 AM
Yes, Any idea on when this bill come on the floor?
more...
unitednations
08-25 03:18 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
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smuggymba
07-21 08:22 AM
My question is, what will happen after that?
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
more...
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ramus
07-07 10:22 PM
I think we should go to USCIS/DOS office. But problem is we have to do this on weekdays and most of member won't be join on weekdays because of work.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.
Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?
Do we want to go to offices of USCIS and DOS and request to consider the first VB?
As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.
If we do on weekend then we will get more response but then offices will be closed unless they working on weekend as they did last weekend.
There are a lot of people in DC like me. The permissions depend on which part of DC we want to rally.
Do we want to rally around the capitol meet congressmen and senators in the immigration sub committee?
Do we want to go to offices of USCIS and DOS and request to consider the first VB?
As some one has said, there has to be a poll on the home page and if we have to tip off media ahead.
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subdhar
08-30 12:07 PM
Apporval from TSC or NSC??
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gc_bulgaria
09-21 10:49 AM
Hi
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
Because it has SRC as the starting alphabets (Southern Regional Center):p
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
Because it has SRC as the starting alphabets (Southern Regional Center):p
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nashim
06-01 06:32 PM
Hi Gurus,
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
I have couple of questions regarding my AC21 portability, please post your thoughts on this.
My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,
1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?
2) Will there be any impact on my old I485 application in case of interfiling denial?
thanks
more...
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MeraNaamJoker
08-26 09:29 AM
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
i had a SLUD on AUG 21 ,
Thanks
In most cases the next action after CPO mail was within 5-7 business days. So keep your fingers crossed for the welcome mail. Follow the postman for your card arrival.
For me it happend within a span 11 regular days from CPO mail. 5th day after CPO mail, I got welcome notice in the mail and then 6th day from there I got my cards in the mail.
By the way, the online status still stays and it is in post decision activity. That is 12 days after I received my physical cards.
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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jfredr
11-21 10:51 AM
Hi Mehul,
I have heard in the past that Wife gets consideration in case of family problems like divorce.
Definetly there should be a way check with Attorney.
I have heard in the past that Wife gets consideration in case of family problems like divorce.
Definetly there should be a way check with Attorney.
h1bmajdoor
07-08 05:04 PM
Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).
That is the way slavery started in USA. From a practice called indentured labour.
EB3_SEP04
08-14 02:35 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
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