Ramba
07-14 06:18 PM
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.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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mjadala
03-17 02:48 PM
My PD is Nov 2004. Filed 485 in July 2007.
voldemar
06-20 06:06 PM
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Or should i wait till I-485 approval is received and then file EAD & AP.
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
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va_dude
03-19 08:44 AM
Guys... can we drop the whole discussion about this guy's name.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
more...
Jaime
09-10 11:54 AM
Hey, I know many of you might still be hesitant to attend the rally, and probably there's a number of reasons. But, whichever the reason, please remember this:
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
PresidentO
02-11 01:19 PM
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
more...
sanju
04-04 03:30 PM
Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?
Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?
Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?
We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.
Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?
Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?
We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.
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va_217
01-18 11:24 AM
same happened to me in Elpaso airport longtime back, I guess when you are coming from Mexico they do that.
but no questions asked it was normal
thanks
but no questions asked it was normal
thanks
more...
lordoftherings
09-26 11:01 AM
There is a blog there in the article. Have you guys seen that how misinformed americans are about H1B.
There is a link - To write a note to the editor about this article, click here.
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
There is a link - To write a note to the editor about this article, click here.
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
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gcma08
06-10 11:24 PM
We received the 485 approval notices sent emails today
more...
sanjay
04-09 03:35 PM
No change. Wohi purani kahaani. Old wine in new bottle.
Would start looking for June now. But, won't expect any thing good until August 2010.
Would start looking for June now. But, won't expect any thing good until August 2010.
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jonty_11
01-02 04:16 PM
From Pappu's post- total Members till now 7,921.
go to the bottom of the FORUMS page to see current members ..etc
http://immigrationvoice.org/forum/index.php
go to the bottom of the FORUMS page to see current members ..etc
http://immigrationvoice.org/forum/index.php
more...
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abd
09-21 04:01 PM
How many days it took you to receive physical RFE after Online status update?
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
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joydiptac
05-14 02:24 PM
Hi,
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
more...
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lazycis
01-19 08:50 PM
When my Mother-in-law came here a few years back, she was stopped at the passport control. They wanted to ask a few questions, but as she does not speak English at all and they could not find an interpreter, they let her go after a few minutes. She just showed an invitation letter and did not say a word in English. It does work.
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desi485
03-15 11:45 PM
dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.
Your language shows that your not just frustrated fool but also a selfish idiot.
For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.
No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).
The FUC@#NG job has to demand a Master's for EB2.
It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!
any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.
And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??
If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....
And don't preach what you have no knowledge about, ok buddy?
For the record, i have NEVER used any legal shortcut ever.
If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.
Your language shows that your not just frustrated fool but also a selfish idiot.
For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.
No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).
more...
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sands_14
07-18 08:59 AM
All packets were kept on hold and we should all be ok because they will start sending receipts soon for all complete packages.
The wait will be long but its good that everyone will enjoy EAD benefits .
As such,whats the new fees for EAD and AP?
The wait will be long but its good that everyone will enjoy EAD benefits .
As such,whats the new fees for EAD and AP?
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ingegarcia
02-15 04:40 PM
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
This is not true otherwise EB3 ROW would not be in 2005.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
This is not true otherwise EB3 ROW would not be in 2005.
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thirdworldman
02-16 07:13 PM
Eilsoe, nice render! :worried:
vandanaverdia
09-10 04:26 PM
I am in line for the green card for years & the wait is endless..... This is my chance to ease me....
Come join hands....
Come join hands....
InTheMoment
05-26 07:13 PM
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
