willIWill
11-02 03:20 PM
Guys, Thank you all for the support. I have responded with the same kindness. (Just the greens)
And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.
And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.
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blacktongue
10-29 02:14 PM
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
pray
08-23 03:26 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
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sroyc
11-30 12:18 AM
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
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sheela
02-21 01:17 PM
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
absaarkhan
02-13 11:33 AM
My Attorney Says You will get 3 Year H1B Extension
Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.
I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
H1B Extension.
Shana Can you Please confirm with your Attorney again.
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.
I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
H1B Extension.
Shana Can you Please confirm with your Attorney again.
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
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megatron
02-04 10:47 AM
what programs do you guys use to make those pixel pictures? Is there somthing that Im missing or do you just end up doing it in illustrator or somthing?:moustache
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gjoe
11-09 02:09 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
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GCBy3000
04-02 11:01 AM
Sent Both faxes. Good work.I will register my spouse and will send two more.
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andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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JunRN
06-05 02:03 AM
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
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Jimi_Hendrix
12-29 03:15 PM
this is all quite confusing and probably you need to consult an expert.
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Prasad_FL
10-12 11:12 AM
I am sorry for you. But this issue is on IV's list. Infact we discussed this issue also with lawmakers on Sep 17th & 18th campaign. This point was included in the material that we gave to lawmakers. So it is very important for us to do our active role/participation for IV's action items. Please join state chapters and motivate other people who are in same situation. We can make a difference.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
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senocular
02-03 06:40 AM
Loved them all but I was torn between eilsoe and kax. kax's shadows are what impressed me most, and if the castle was populated or had a little more color, I might have voted there, but I instead took to eilsoe's because of the people and captions ;) It also embodies more what I think of as 'pixel art', which is very straight or isometric, not to say those that werent wer bad because of that; in fact that gives a more impressive look and feel, but I needed some fun and eilsoe delivered. What shocked me most is that there were more people waiting in line at the mens bathrooms... hmm, guess its mostly guys there. :) The duck reflections were also a nice touch.
Soul was a close 3rd.
Soul was a close 3rd.
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amsgc
08-06 10:04 PM
If you read the comments, this guy's application reached the USCIS on July 27.
http://www..com/member/anshu2007/
http://www..com/member/anshu2007/
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nrk
10-26 09:08 PM
Hi i just checked my 140 online status is shows,
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
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Daisy
12-20 11:00 AM
This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!
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geevikram
05-18 12:13 PM
I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.
ArunAntonio
03-22 01:30 AM
I have mailed asking for the meeting info. I will meet the local lawmakers.
shana04
02-13 10:14 AM
Shana,
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
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