Gravitation
12-04 05:16 PM
Why is this good news again?
If you move back to India permanently, you can take you social security money with you.
If you move back to India permanently, you can take you social security money with you.
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ram77
05-31 12:00 PM
Thanks for the post.
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
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rajakannan
06-27 08:43 AM
Hi Rajakannan:
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
more...
ssnd03
12-03 04:26 PM
(1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.
Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.
Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.
nozerd
12-29 09:59 AM
Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
Thanks
Thanks
more...
reddymjm
05-15 11:08 AM
I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I felt the same. Anyway it is all Fate.
I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.
I felt the same. Anyway it is all Fate.
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smurugan
12-20 06:57 PM
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
more...
GCwaitforever
11-16 02:30 PM
Forward discriminatory job posting to "compliance@dice.com" for corrective action by Dice.
Conversation with Dice:
Hi xxxxxxxxx,
We actively monitor the site for discrimination and address them on an
individual basis. It is the responsibility of the employer to not
discriminate in their postings and many of them do not realize that they
are being discriminatory. We are constantly working with employers to
make sure they are in compliance with the EEOC guidelines to give them a
heads up as the Justice Department is also monitoring the job boards. As
you can imagine, this is a never ending task.
If you find a particular posting, please forward the posting to us at
"compliance@dice.com" and we will address it.
Since the employers are responsible for their own postings, you will not
receive a reply from our legal department as we are not liable.
Have a great day!
xxxxx xxxxxxxxxxxx
Customer Compliance Specialist
Dice, Inc.
Phone: 1-888-xxx-xxxx xyyyy
Fax: 1-xxx-xxx-xxxx
E-mail: xxxxxxx@dice.com
www.dice.com
-----Original Message-----
From: xxxxxxxxx
Sent: Thursday, November 16, 2006 2:42 AM
To: xxxxxxxx
Subject: Contact Dice Message
First Name:xxxxxxxxx
Last Name:xxxxxxxxx
Address:
City:
State:ALL
Zip:
Country:us
Email:xxxxxxxxxx
Message:
Many of the job advertisements on DICE start with a restriction - US
citizen only, USC or GC only etc ... Only some of these advertisements
genuinely require a security clearance and hence applicable to US
citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
foreign nationals. Definitely this is a fertile ground for class action
suit by a competent attortney. Please ensure your clients follow the
law. Do not let law breakers post on your web site by coming up with
some point system and penalizing the offenders by removing their ad or
banning them after repeat offenses.
Please look at EEOC web site (specifically foreign nationals section) to
understand current law. I will be waiting for reply from your legal
team, before I take any further action.
Conversation with Dice:
Hi xxxxxxxxx,
We actively monitor the site for discrimination and address them on an
individual basis. It is the responsibility of the employer to not
discriminate in their postings and many of them do not realize that they
are being discriminatory. We are constantly working with employers to
make sure they are in compliance with the EEOC guidelines to give them a
heads up as the Justice Department is also monitoring the job boards. As
you can imagine, this is a never ending task.
If you find a particular posting, please forward the posting to us at
"compliance@dice.com" and we will address it.
Since the employers are responsible for their own postings, you will not
receive a reply from our legal department as we are not liable.
Have a great day!
xxxxx xxxxxxxxxxxx
Customer Compliance Specialist
Dice, Inc.
Phone: 1-888-xxx-xxxx xyyyy
Fax: 1-xxx-xxx-xxxx
E-mail: xxxxxxx@dice.com
www.dice.com
-----Original Message-----
From: xxxxxxxxx
Sent: Thursday, November 16, 2006 2:42 AM
To: xxxxxxxx
Subject: Contact Dice Message
First Name:xxxxxxxxx
Last Name:xxxxxxxxx
Address:
City:
State:ALL
Zip:
Country:us
Email:xxxxxxxxxx
Message:
Many of the job advertisements on DICE start with a restriction - US
citizen only, USC or GC only etc ... Only some of these advertisements
genuinely require a security clearance and hence applicable to US
citizens only. Rest of the advertisements are *** DISCRIMINATORY *** for
foreign nationals. Definitely this is a fertile ground for class action
suit by a competent attortney. Please ensure your clients follow the
law. Do not let law breakers post on your web site by coming up with
some point system and penalizing the offenders by removing their ad or
banning them after repeat offenses.
Please look at EEOC web site (specifically foreign nationals section) to
understand current law. I will be waiting for reply from your legal
team, before I take any further action.
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EndlessWait
07-31 12:04 PM
How long is the USCIS taking to issue just receipt notices!!??
This makes you wonder if Anything in the USCIS is actually FIFO
There was time like that and people used to expect that. Now USCIS is like a black hole. Wait Wait and Wait.
This makes you wonder if Anything in the USCIS is actually FIFO
There was time like that and people used to expect that. Now USCIS is like a black hole. Wait Wait and Wait.
more...
number30
04-01 06:29 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
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iptel
01-30 06:13 PM
There has to be reason why greencard holder been deported likely due to some illegal act. Here we are law abiding resident waiting for our legal status in legal ways.
So I dont understand where this deportation issue coming from.
So I dont understand where this deportation issue coming from.
more...
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logiclife
12-13 04:12 PM
Keep this debate civil please.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
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whattodo21
04-22 11:10 AM
There is no "Prince William County" in Maryland. List of counties in Maryland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_counties_in_Maryland)
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
Right, Pick up the issue with immigration policy organization, and get the clarification, whether the county is in MD, VA or they mistook George to Williams.
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Because IV works in a manner that will get the intended results - they are for illegals? Legal or Illegal - they are part of Immigration - that is how it works.......
You used to support IV through donations and time, but you stopped because IV was not working the way you wanted it to work.............However, you still check the forums, post in the forums .............. may be you are not all that disappointed with IV!!!!!!!!!!!!!!
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
Right, Pick up the issue with immigration policy organization, and get the clarification, whether the county is in MD, VA or they mistook George to Williams.
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Because IV works in a manner that will get the intended results - they are for illegals? Legal or Illegal - they are part of Immigration - that is how it works.......
You used to support IV through donations and time, but you stopped because IV was not working the way you wanted it to work.............However, you still check the forums, post in the forums .............. may be you are not all that disappointed with IV!!!!!!!!!!!!!!
more...
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desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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rameshvaid
05-30 03:48 PM
Just did it..
RV
RV
more...
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rdehar
07-17 10:38 AM
Sorry But please tell me how to do this?
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
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kaisersose
08-24 10:42 AM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
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reddysn
05-29 05:15 PM
You have atleast God to keep faith in. What about non-beleivers like me?
I am just keeping faith in IV though.
ramus and tikka fyi ,just in case you may jump in, I already sent web faxes and mailed and ...
.
Just keep things in perspective and have faith in God and your destiny.
I am just keeping faith in IV though.
ramus and tikka fyi ,just in case you may jump in, I already sent web faxes and mailed and ...
.
Just keep things in perspective and have faith in God and your destiny.
snathan
12-22 02:29 PM
Now you are trying to hijack my other thread - Why dont you start your own threads MF?? And please update your priority date :)
Is it yours....so funny. Free loader like you are the disgrace for this forum.
Is it yours....so funny. Free loader like you are the disgrace for this forum.
lostinbeta
02-02 11:48 PM
I voted ;)
It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.
all were excellent entires though.
Bravo.. Bravo
:evil:
It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.
all were excellent entires though.
Bravo.. Bravo
:evil:
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