OLDMONK
07-06 11:35 AM
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
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dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
vikram2101
08-08 05:34 PM
That's funny someone told you that ..
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
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BumbleBee
08-24 07:16 PM
Not sure whats stopping from this regulation to come in to effect
http://www.ilw.com/articles/2006,0314-guevara.shtm
http://www.murthy.com/news/n_subupd.html
I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.
If the system doesn't change than may be its best to change ourselves to suite the system :D .
<Joke> :rolleyes:
Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:
never mind, just evening frustration!!!!!!
BumbleBee
http://www.ilw.com/articles/2006,0314-guevara.shtm
http://www.murthy.com/news/n_subupd.html
I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.
If the system doesn't change than may be its best to change ourselves to suite the system :D .
<Joke> :rolleyes:
Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:
never mind, just evening frustration!!!!!!
BumbleBee
more...
rbalaji5
10-16 07:01 PM
Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!
Sorry IV-ians -Story deleted due to bad comments.
Sorry IV-ians -Story deleted due to bad comments.
bluekayal
05-14 04:47 AM
google "follow to join"
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priderock
05-15 02:13 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
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prabirmehta
03-22 02:56 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
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dvb123
03-01 10:40 AM
Response to this per country limit query by lawyers
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.
RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.
Can IV core do something? It will provide a relief to some people atleast.
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mallu
02-10 05:25 PM
India EB with PD 1999 - How many pending ?
India EB with PD 2000 - How many pending ?
India EB with PD 2001- How many pending ?
India EB with PD 2002- How many pending ?
......
For USCIS it might be just the tap of a button to tell the numbers. All computerized , right ?
India EB with PD 2000 - How many pending ?
India EB with PD 2001- How many pending ?
India EB with PD 2002- How many pending ?
......
For USCIS it might be just the tap of a button to tell the numbers. All computerized , right ?
more...
bluekayal
09-19 02:17 PM
I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
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txh1b
08-18 11:34 AM
does anyone know to whom should i report the issues i have with my previous employer?
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
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hur11
01-22 07:26 PM
http://www.murthy.com/news/n_inseb2.html
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
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immiusa
08-14 03:18 PM
You can start Tata Motors car dealership. Once the nano starts hitting roads. there will be a huge demand for nano
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lacrossegc
07-30 07:34 PM
USCIS admits to AILA that the forms effective date is wrong ....
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
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upuaut
08-16 05:30 AM
hmm.. thought I was just discribing that. ;) Guess I didn't discribe what I was talking about in enough detail.
the dial was produced using that method.
Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.
the dial was produced using that method.
Personaly I've never lost any quality doing that.. but then again, I sometimes have smoothing turned off and sometimes on. I think that relates to how imported images look in the final production.
more...
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Stourmi
August 22nd, 2006, 10:03 AM
I agree. I like the second one better. The color seems to "pop" more.