desi3933
09-15 11:46 AM
.....
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
once your I-140 is approved, that date is yours.. but for only that preference category
.....
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
NNReddy
09-05 12:57 AM
I came to USA in July 1997. I did my masters here. I worked for 3 fortune 500 companies so far. I have been with one company since last 11 years. I am on EB3(mar 2003). I am a senior manager in fortune 50 company and on the path towards directorship. I wish I had green card, that didn't prevent me from having a good life and career. I brought an house 10 years ago. All I can see few more years of wait. Reg' Pappu post about action, the only action I can take is converting my case to EB2, which I tried several times within the company and it didn't work. The second action I can take is change employer. I have a good career, pay in this job, not sure if I would be able to get same one outside.
Ravneetsingh
10-01 12:59 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
Nagireddi
09-16 09:53 AM
Dear friends,
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
Unfortunately, I am not able to attend the rally. I have just found out that my cheques have been cashed. I am contributing another $100 once again.Google Order #373309135239869
My sincere prayers to the god that our rally will be a huge success.Good luck for all of us.Keep sending us the photos,videos as the events are happening.
I LOVE IV.:)
Applied 140/485 concurrent on 8/6/07 to NSC-EB2
more...
ramus
09-10 06:45 AM
Thanks for contribution..
just donated 100$ thru google checkout . transaction id Google Order #312235194400027
just donated 100$ thru google checkout . transaction id Google Order #312235194400027
glus
07-05 12:48 PM
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856
more...
wandmaker
05-22 07:40 AM
Come forward and contribute for your own cause.
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
santb1975: Change the thread title to read as FUNDING DRIVE: Let us step up IV(I+We)'ans
sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
more...
Green.Tech
05-25 10:10 PM
Please contribute!
mariusp
08-18 07:38 AM
That's BS. Go to a different office and use your state ID or driver's license and plastic GC as identification. Don't show them your passport :) The same happened to me at the DMV: My wife showed the H1 Approval Notice that had her maiden name on it and even though we had the marriage certificate and all the alternate supporting documents, the idiot at the office wouldn't take her documents because of the name difference. So we went in the next day and showed the I-94 and passport and this time everything was fine... Just goes to show you that these clerks are if-then-else rule based programmed robots that can't think on their own.
Good Luck (Bafta!)
Hi,
Did anyone get a SSN with their passport expired?
My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.
Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.
If anyone went thru the same situation or has some advice for me, please answer.
Thank you
Good Luck (Bafta!)
Hi,
Did anyone get a SSN with their passport expired?
My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.
Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.
If anyone went thru the same situation or has some advice for me, please answer.
Thank you
more...
waitforevergc
02-18 02:58 PM
All,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
I am thinking of writing to the DHS Secretary about this never ending wait for AOS and about retrogression.
Could you all contribute with different points please?
Someone has to take initiative someday.
Thanks,
gc_kaavaali
07-14 04:55 PM
Please contribute guys...just $5
more...
needhelp!
05-28 11:10 AM
Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
Contribute so that IV can assign more resources to work on fixing this whole mess!
Contribute so that IV can assign more resources to work on fixing this whole mess!
Milind123
09-12 12:27 AM
Come on folks step up to the plate. I want to send at least $100 tonight before I go to bed. Please PM me after you make the contribution.
more...
amitjoey
05-05 05:11 PM
I am on the west coast, so I call East coast senators before work (Just one or two offices) and then the rest at Lunch time. I use my cell phone.
atlfp
06-02 06:31 PM
The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.
So people who didn't get their 140 through before the president signs the bill would be screwed?
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
So people who didn't get their 140 through before the president signs the bill would be screwed?
You are not really screwed if (a big if) somehow you get a chance to file for I-485.
PS: I am not supporting the bill and I hate it as much as you do.
more...
jonty_11
07-11 03:18 PM
I must commend the folks who hunt the Mumbai bulletin hrs/day before the Official Bulletin comes out..Kudos to them...
lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
485Mbe4001
06-10 12:07 PM
Recapture is actually a non controvertial issue and most politicians support it in private. The business lobby was sucessful in getting it done (btw the democrats opposed it even then). These days we have the sword of 'amnesty' hanging over everything related to immigration plus the positions are so polarized that it is impossible to get anything done. The lame duck presidency isnt helping either, each congressman/senator has to worry about its own agenda and their people.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
With the internet every little bit of information is distributed immediately and the opposing forces can easly create noise to drown it...that in a nutshell is why nothing is working for us.
As mpadapa mentions people satisfied with EAD/AP think that life is good and dont want to help. When people wait in EB3 for 7-8 years and renew EAD/AP for 4-5 times like i have, they will understand. Untill then we hope and pray and call
Visa numbers have been recaptured in the past (year 2000, I think).
Do we know more details on how this happened? Who worked for this and what did they do to make their efforts successful?
Same with the AC21 provision that allows changing jobs after 180 days. That is a huge accomplishment for whoever worked to make it happen.
Perhaps we can borrow some of their wisdom.
swadeshi
07-24 09:06 AM
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
desi485
11-18 03:50 PM
We must also step forward and work towards resolving other things
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
(1) Create blog on how to report Employer wage violations to Wage and Hour division
(2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues
(3) Any other pressing issues....
Folks please add anything you feel must be addressed
One more update: Found another thread on RG's forum. This one is very specific.
http://immigration-information.com/forums/showpost.php?p=25447&postcount=7
Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21
--------------------------------------------------------------------------------
Let my try to clarify my answer, since I didn't do that good a job previously.
An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.
For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.
In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.
Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.
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