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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paskal
07-14 10:28 AM
this is sheer speculation.
the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.
whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.
the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.
whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.
indianindian2006
07-03 08:35 PM
The SKIL bill was introduced in the Senate in May by Senator John
Cornyn (R-
TX) and was subsequently incorporated into the Comprehensive
Immigration Act
of 2006. We discussed its effects on the H-1B and EB categories in the
June
2006 issue of SHUSTERMAN'S IMMIGRATION UPDATE. See
http://shusterman.com/toc-siu.html
Although the legalization and guest worker provisions of the Senate
bill
have been written off by many pundits, we believe that there is an
excellent
chance that some version of the SKIL bill will be enacted into law
before the
end of 2006.
Cornyn (R-
TX) and was subsequently incorporated into the Comprehensive
Immigration Act
of 2006. We discussed its effects on the H-1B and EB categories in the
June
2006 issue of SHUSTERMAN'S IMMIGRATION UPDATE. See
http://shusterman.com/toc-siu.html
Although the legalization and guest worker provisions of the Senate
bill
have been written off by many pundits, we believe that there is an
excellent
chance that some version of the SKIL bill will be enacted into law
before the
end of 2006.
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nrk
06-10 03:45 PM
Yes Sep 30th
from October 1st new fiscal year starts for USCIS
which month is FY-2010 end for USCIS? Sep?
from October 1st new fiscal year starts for USCIS
which month is FY-2010 end for USCIS? Sep?
more...
h1techSlave
04-11 05:42 PM
All the talk on the forums were about visa data movements only in the last quarter. So the one month movement for Eb2-I and Eb3-I is kinda expected and is not really a disappointing news.
The dates would move forward. Based on the discussions here, there are around 80,000 visas still available for this FY. (50,000 pending from regular EB quota + some 27,000 due to AC21 backlog + 2007 share from Family other quota). For the USCIS to not waste any more EB visas, the DOS will have to move the dates forward. I am expecting that Eb2-I will be set some where in 2005 and Eb3-I will be set at the middle or end of 2003 in the coming 3-4 months.
This month also didnt improve EB3 (I) condition!!
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
The dates would move forward. Based on the discussions here, there are around 80,000 visas still available for this FY. (50,000 pending from regular EB quota + some 27,000 due to AC21 backlog + 2007 share from Family other quota). For the USCIS to not waste any more EB visas, the DOS will have to move the dates forward. I am expecting that Eb2-I will be set some where in 2005 and Eb3-I will be set at the middle or end of 2003 in the coming 3-4 months.
This month also didnt improve EB3 (I) condition!!
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
poojaimmg
11-01 11:06 AM
I have filed my I-140 through company A and waiting for approval but now I want to get my H1-transfer to non-profit organization(company B). Can I do my H1 transfer to company B and keep my Green card process continue with company A. Also this company B is paying less salary then company A , will this effect my I-485
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
more...
gapala
03-21 09:56 AM
OK. loud and clear Desi :D
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
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hebbar77
09-30 01:55 PM
London does not accept travellers with AP. So Virgin Guys had to turn me back from their counter. I was sure about Qatar having no issues about AP so I went back to Continental and said I need you guys to put me on Qatar and thats what they did.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
more...
reno_john
06-11 10:36 AM
I see there are many amendments for the Immigration bill that was currently on the Senate floor Senate floor and as of today it�s been stalled, and probably will be brought back to be debated on. My question to IV core and members are that there are what version of the bill do like or will support.
Because the bill stated that if the point system comes into existence then it will only begin from the next fiscal year 2008 and in the bill it also stated that all I140 files after May 15, 2007 will be NULL and VOID. DO IV and core support this version of the bill, because I don�t and many people out here too don�t support and what role is IV core playing on this matter?
I know the point based GC system will be happily accepted by newcomers who just got into the queue of this GC process but what about those who waited for years to reach this stage to file I140 and then finally coming to know that their I140 is not valid because of the so called new BILL.
I am totally against any new Immigration bill that does not benefit the who are in the queue for years. I wish others too in this forum agree with me.
This is my opinion. You guys can agree or disagree its totally unto you guys. But this is my stand on the Immigration bill and will try my effort to bring it down. Only time will tell.
Because the bill stated that if the point system comes into existence then it will only begin from the next fiscal year 2008 and in the bill it also stated that all I140 files after May 15, 2007 will be NULL and VOID. DO IV and core support this version of the bill, because I don�t and many people out here too don�t support and what role is IV core playing on this matter?
I know the point based GC system will be happily accepted by newcomers who just got into the queue of this GC process but what about those who waited for years to reach this stage to file I140 and then finally coming to know that their I140 is not valid because of the so called new BILL.
I am totally against any new Immigration bill that does not benefit the who are in the queue for years. I wish others too in this forum agree with me.
This is my opinion. You guys can agree or disagree its totally unto you guys. But this is my stand on the Immigration bill and will try my effort to bring it down. Only time will tell.
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perm2gc
12-01 07:15 PM
Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !
Are you kidding.???
IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !
Are you kidding.???
more...
paskal
06-19 04:24 PM
End of Page 291
please read carefully
there is NO change
changes will come by amendement only...
please read carefully
there is NO change
changes will come by amendement only...
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desperatedesi
09-20 02:02 AM
but I did my bit because I could not attend. I was part of the rally that happened in San Jose.
Please try to understand the message I am conveying rather than making fun. Although I did have a hearty laugh :)
Please try to understand the message I am conveying rather than making fun. Although I did have a hearty laugh :)
more...
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kopra
09-12 11:32 AM
I think Both Sen.Obama and Sen.McCain are interested in legal Immigration. Mitt Romney was a big Advocate of legal Immigration. But of course, these are not the priority Items for both the candidates and also have to reassure the citizens that they will create new Jobs. Both of their plans will not affect Outsourcing
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
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gcandgc
05-21 11:45 AM
Hi Pappu
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
more...
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eers
07-16 08:54 PM
can we post bad experience from the attornys here? Is it ok to mention the name and details?
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gimme_GC2006
07-18 08:20 PM
even though I am in EB2..from my personal experience, the kind of IT contracts/jobs/assignments we (most of us) do, I dont think there is anything that an EB2 qualified can do which EB3 cannot do.
I saw threads (this site or elsewhere) where EB2 ppl felt superior and blasted the threads where EB3-EB2 conversions were discussed.
IMHO, I would always say, if it is legal and possible and beneficial, ppl should think of conversion.
I saw threads (this site or elsewhere) where EB2 ppl felt superior and blasted the threads where EB3-EB2 conversions were discussed.
IMHO, I would always say, if it is legal and possible and beneficial, ppl should think of conversion.
more...
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pushkarw
11-15 05:06 PM
Is there anyway we could go about pushing our story in the media? I am sure all of us combined have a a few thousand bachelor's, master's and ph.d. degrees. We are a group of people with highly advanced skill sets and this needs to be advertised. Maybe convincing a few journalists to take up our cause could be an option. Local newspapers, political blogs, radio stations etc. etc.
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santb1975
04-26 04:17 PM
You get us to $2536
Thanks IV.
Here's my one time contribution of $100 (receipt 5Y898678VG019823F)
Keep up the good work...
Thanks IV.
Here's my one time contribution of $100 (receipt 5Y898678VG019823F)
Keep up the good work...
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gopi544
07-01 05:36 PM
I got a RFE on my 485 on 11th April and I have responded to it. By next week it would be 60 days by which USCIS has to take some decision. What would be the status update as my PD is Aug 2006.
Is it normal to get RFE while PD is not current?
Is it normal to get RFE while PD is not current?
justice4all
07-21 09:04 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
sam2006
09-23 10:22 AM
thank you for all the efforts Franklin
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