kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). 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.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). 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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Kitiara
02-03 05:24 AM
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h1techSlave
04-10 02:25 PM
If any one is meeting law makers from Maryland, I am also interested.
Thanks guys,
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Thanks guys,
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Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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greyhair
01-27 06:29 AM
It looks like guys from AP are running away from all the mess their state is currently in. On one hand there's that YSR's son trying to create havoc for the ruling Govt. His dad and himself being the most corrupt politicians the state has ever seen. On the other hand, there's this filthy congress high command trying to counter him. Its like CORRUPT1 vs CORRUPT2 trying to get the throne so that they can remain CORRUPT. And in the wings are parties like TDP, TRS and PRP --- Really, is there a political party in AP (or even India) where one can call it corrupt free? ha ha
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
Beware:
buddyinsd is a paki, not that there is anything wrong with it. But he is usually attacking people from AP in his attempt to create a rift between people who come from different places. Don't fall in his trap, he is making provocative statements to make people fight with each other.
I'm not a gulti, but I don't think u can really blame them :). Unfortunate but true :mad:
Beware:
buddyinsd is a paki, not that there is anything wrong with it. But he is usually attacking people from AP in his attempt to create a rift between people who come from different places. Don't fall in his trap, he is making provocative statements to make people fight with each other.
isantem
07-29 12:57 PM
Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
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senthil1
03-11 05:18 PM
INfy and Wipro can use L1 or B1. No need for new visa.
MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.
Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...
Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?
MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.
Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...
Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?
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aray
04-02 12:41 PM
Sent Fax # 10 & 11.
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Michael chertoff
12-29 06:25 PM
My situation,
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
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GC4US
06-26 04:02 PM
Could you please tell me how is it with the pictures for I-485 ?
Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?
So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?
Please tell me what to do and where to go for I-485 photos.
Thank you in advance so much for your help.
Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?
So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?
Please tell me what to do and where to go for I-485 photos.
Thank you in advance so much for your help.
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desi485
07-25 01:01 PM
:rolleyes:Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
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dtekkedil
07-06 07:37 PM
^^^
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thomachan72
05-17 09:20 AM
Give me a break! Do you know how many of these H1s procurred by the infosys / whatever will never be used during fy 08? you are right about demand and requirement etc, however, it should not be at the expense of other businesses. This policy of mass application is like getting an anticipatory bail that criminals rely on. Use it or not use it, either way you gain, right? I am not against infosys getting visas but am defenitely against mass visa applications by these and the head hunters. Why do you need middle men? are we going back to slave trading era? read the msn today and you will find an Indian couple (millionares) who kept slaves in their homes and are now behind bars. Watch the different forums and see how many complaints are comming up against the employers by software guys (not paying enough, not giving food, no paychecks for 10 months, threatening to fire /sue bla bla bla). Dont you feel sad when you read these?? I know people in software working on very very low salary. Why? think about it. Its time for the senators to really examine who claims all the H1s and I strongly support that. I even say that the H1 beneficieries salary should be linked to the INS in someway so that they immediately know when this person is not being paid or is laid off etc. Man, this is almost a mafia now.
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ramaonline
08-07 11:14 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
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Jimi_Hendrix
12-04 06:49 PM
this sounds more like, "Ok so you say the glass is half full, why is that great now?"
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
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sunny1000
05-30 10:18 AM
I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..
Nothing will go th waste until this bill becomes the law. After that, you still have another year or more before the points system kicks in. It is when they start the points system (oct 2008) when they will look into this dreaded date of May 15 2007 and decide on people's fate. Until then, keep doing what you are doing.
waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..
Nothing will go th waste until this bill becomes the law. After that, you still have another year or more before the points system kicks in. It is when they start the points system (oct 2008) when they will look into this dreaded date of May 15 2007 and decide on people's fate. Until then, keep doing what you are doing.
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maddipati1
07-27 08:18 PM
BTW, great thinking.. posting the link in advance
u r a Skilled .... but keeps a lil bug in the logic :-)
S
u r a Skilled .... but keeps a lil bug in the logic :-)
S
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ebizash
10-03 10:32 AM
Thats great! Sorry I have been down with Flu and that why could not reply to your earlier questions about LUD on 10/1. I have not received any LUDs since 9/29. Hopefuly I will see some action in next week or so.
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
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hopefull
07-06 09:41 PM
Looking at your writing skills, I will be amazed if you can get yourself a job in a BPO !! I am sure, you are one illeterate idiot, who just wants to ruffle some feathers and get some attention .. Damn.. I should not be wasting my time reading your messages itself !!!
Thats all right. I will not blame you for your lack of information. I woudl still give you a job when you return to India in my BPO ;-)..
What do you do write VB code or Java code ?
Do you write SQL to pull out reports ??
Thats all right. I will not blame you for your lack of information. I woudl still give you a job when you return to India in my BPO ;-)..
What do you do write VB code or Java code ?
Do you write SQL to pull out reports ??
rockstart
05-15 09:16 AM
I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.
singhsa3
01-06 07:18 AM
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
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