indianindian2006
07-14 06:09 PM
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
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vinod_gvk
09-26 11:58 AM
They Changed and uploaded it around 12.15PM
battineni
09-09 12:44 PM
Number of VISA numbers are same for EB2 I and EB3 I or not???
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
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hsm2007
10-15 01:39 PM
I think I did. I got a CPO email few days ago but confused because I also got FP notices for me and wife two days before the CPO email and the FP is not scheduled until 3 weeks. So FP was generated before the CPO email.
any one got approval after submitting recent RFE?
any one got approval after submitting recent RFE?
more...
spicy_guy
07-28 11:36 AM
But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Cool. Hard to find such Desi companies.
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Cool. Hard to find such Desi companies.
zuhail
03-11 09:27 PM
Before starting new fund raising...do you consider to contribute for the current drive.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
more...
gimme_GC2006
04-06 11:31 PM
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
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WeldonSprings
10-15 02:12 PM
Can someone please direct me to the sample letter.
Thanks.
Thanks.
more...
kuhelica2000
01-09 11:29 AM
Absolutely wrong. Becasue of false 5/6 year experience, the genuine guy with 2/3 years fo experience didn't even get the interview. Misrepresentation in your resume works becuase American system is mostly based on trust. All the places I have worked, no one ever asked to even see my diploma. Becuase, they trusted me. Unfortunately we are taking advantage of this trust and that's why we will be seeing laws to eliminate consulrtng all together because some low ethics like you want credit for doctoring resume.
Guys,
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
Guys,
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
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desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
indyanguy
02-20 06:49 PM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
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sanju
10-20 02:21 PM
well said.. but wait a minute.. why are we all debating.. we dont have voting rights... :D:D:D.. but whoever thinks mccain is the savior... god help them
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
more...
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logiclife
06-30 06:22 PM
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
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amitjoey
01-18 11:47 AM
Thanks IV core group. Signed up for $20/month. Please continue your efforts.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
more...
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nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
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pd052009
03-22 06:29 AM
^^^^
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Ramba
03-17 11:08 AM
Between 2001 and 2004 all EB catagories were current for all countries (thanks to AC21 visa recapture). No one, (particularly Indians) cared about EB3 and EB2, till DOS indicated in Dec 2004 visa bulliton that EB3 India will retrogress in Jan 2005. Till that point (dec 2004) most of the labor filed are EB3 (75% is EB3 and 25% may be EB2). After Jan 2005, the filings were reverse. After Jan 2005, everyone tried to file EB2, unless they are not absolutly qualified for EB2. Till recent months, DOL was very liberal in approving LC with EB2 qualifications. Now it is difficult. Therefore EB2 India will move fast till Dec-2004 (unless most EB3 guys did not convert to EB2, by PD porting). After DEC-2004 it will be very-very slow.
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venkygct
07-02 07:31 PM
Contributed : 100 couple of hours back
Order Details - Jul 2, 2007 11:49 GMT-07:00
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Google Order #516773533199673
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partha_vus
10-26 11:35 AM
PD Jan 2001(ported priority Date)
I-140 Approed June 2007
I485 Applied RD:July 2, 2007
EAD cards received
thanks
I-140 Approed June 2007
I485 Applied RD:July 2, 2007
EAD cards received
thanks
weasley
11-12 05:17 PM
VIN13
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
gccube
03-17 01:18 PM
Current as per the April'08 bulletin
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