ashkam
03-29 11:40 AM
Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.
wallpaper His Unconditional Love; unconditional love quotes. and unconditional love
Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
saint_2010
07-11 05:21 PM
hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
2011 God#39;s Unconditional Love
chanduv23
10-13 08:49 AM
guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:
We have people. Looks like there is a communication gap here, many people do not visit IV site that often.
Mobilizing upstate and Long Island is my next priorities.
New Jersey is picking up. It went down completely few months back but is now jumping back
Connecticut is also reviving - We have some very dedicated members in this area working extremely hard to mobilize this chapter
We have people. Looks like there is a communication gap here, many people do not visit IV site that often.
Mobilizing upstate and Long Island is my next priorities.
New Jersey is picking up. It went down completely few months back but is now jumping back
Connecticut is also reviving - We have some very dedicated members in this area working extremely hard to mobilize this chapter
more...
praveenmoluguri
09-20 04:24 PM
My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
does anybody see a pattern.
does anybody see a pattern.
manderson
04-18 08:08 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
more...
Pallavi79
02-15 09:28 AM
<quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
2010 Love
chanduv23
09-15 06:41 PM
IV HAS PROVIDED YOU WITH THE VEHICLE - ALL YOU HAVE TO DO IS TO RIDE IT
RIDE THE IV VEHICLE AND BE A WINNER
YES WINNERS
SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....
RIDE THE IV VEHICLE AND BE A WINNER
YES WINNERS
SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....
more...
stucklabor
03-11 11:01 AM
Akela,
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
hair quotes about unconditional love. Unconditional Love 04
gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
more...
Better_Days
03-03 02:30 PM
Now that all the aspiring *highly skilled* and *educated* immigrants are done bashing each other on whatever ethnic\religious\cultural issue is in vogue these days, here is what the new rule says:
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
USCIS will no longer automatically approve an I-485 if the background check has been pending for more than 180 days. Instead, if the check has been pending for 150 days, adjudicator will contact a designated person at the HQ who will then contact FBI to determine the reason for delay. The designated contact will then provide guidance to the adjudicator on whether the specific case should be approved or not.
Some may argue that we should give them the benefit of doubt. But after dealing with the incompetence of these folks for the last 10 years, I am a bit leery. Right on the surface, it seems that there are two choke points in the process: the designated contact at USCIS and the FBI. After a while, the designated office may start publishing dates saying that they are currently handling cases forwarded to them before MM/DD/YYYY or that the cases has been forwarded to FBI who is currently working on cases forwarded to them in MM1/DD1/YYYY1.
We may not be back to square one, but we may be half way there.
Best of luck to all
hot and the unconditional love
sankap
07-20 02:36 PM
Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
more...
house and unconditional love; quotes
sam_hoosier
11-27 01:34 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
tattoo Quotes, unconditional love
iptel
10-17 01:28 PM
Hi All,
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
I from California so no idea about Charlotte office.
Notice of Action that you received tells you things to be done in case you want to change your biometric appointment. Though I am not sure but vaguely remember you have to contact USCIS directly if you want the change. Hope this helps
Good Luck
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
I from California so no idea about Charlotte office.
Notice of Action that you received tells you things to be done in case you want to change your biometric appointment. Though I am not sure but vaguely remember you have to contact USCIS directly if you want the change. Hope this helps
Good Luck
more...
pictures Short Love Quotes: Picture of
rorypirrie
02-24 10:24 AM
Now that you have all your documentation, the biggest hurdle would appear to be that you didn't mention the DUI earlier. I would possibly go ahead and contact an immigration lawyer but i'm sure this is an issue which can be resolved without affecting your application.
dresses unconditional love,; quotes
smartboy75
06-27 04:37 PM
Just a thought....even if it is 1 year whats the difference...anyways since you have paid the new fees you don't have to pay it again next year for renewal....correct me if I am wrong ??
more...
makeup Unconditional Love: A Mother#39;s
ujayra01
05-10 08:03 PM
I did apply PIO for my daughter 3 weeks ago and it's still processing. This is NY consulate. The status simply says couple more days!
girlfriend unconditional love quotes.
learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
hairstyles of Unconditional love
aroranuj
08-21 11:41 AM
This is extremely helpful. I did not even get so much information from the Call Center.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
canmt
11-14 03:01 PM
This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...
Good luck on your green card pursuit...
Good luck on your green card pursuit...
saibabu_d
08-03 10:06 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
No comments:
Post a Comment