delhiguy79
07-21 07:00 PM
According to this document,
http://www.uscis.gov/files/form/i-485.pdf
140 receipt notice is not a part of the intial evidence ....
So if we show everything else that our 140 application was accepted by USCIS, they may later ask for a receipt ......
In the TOPIC................
Whereshould you file form I-485?
http://www.uscis.gov/files/form/i-485.pdf
140 receipt notice is not a part of the intial evidence ....
So if we show everything else that our 140 application was accepted by USCIS, they may later ask for a receipt ......
In the TOPIC................
Whereshould you file form I-485?
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xyzgc
07-21 10:08 PM
Well, I've got a few reasons.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
This comment is not the about the language you speak - its about the grudge (#1) you carry with you. Rest of it is all ok.
Its sad to see even the newer generations following the footsteps of their parents.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
This comment is not the about the language you speak - its about the grudge (#1) you carry with you. Rest of it is all ok.
Its sad to see even the newer generations following the footsteps of their parents.
pijp
07-18 10:51 PM
Hi, I am currently on a Company A's payroll and working at a client's place (Company B); now that Company B wants me to join them; however, there is a contract between Companies A & B not to hire the employee directly; what should be done in this case? I also have a contractual obligation to my employer not to join the client for 12 months. My employer(Company A) is not willing to let me go (though I worked for a year already). Any advise from the forum?
Thanks
Thanks
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aadimanav
06-25 11:01 AM
just called. lady was aware of the bill numbers. wrote down zip code and mentioned to contact local congressman. Also mentioned Rep smith hasn't yet taken any stand on these bills.
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mohican
01-02 12:50 AM
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
nrk
06-10 03:46 PM
I wish that could happen, but don't have any hopes personally
apr 06 sould be current by end of 2010....:p
apr 06 sould be current by end of 2010....:p
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alterego
12-01 10:17 PM
The intent of this thread is good. There are however practical considerations.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
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altima723
05-31 08:54 AM
Transaction id - 91D81471MT536442Y
Amount - $100
Amount - $100
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willgetgc2005
07-01 10:29 AM
Core IV,
How does the House version of SKIL compare blow by blow with the senate provisions for EB in CIR. Does House version of SKIL include recapture of unused visas as well as a raise which was part of the CIR. Compete America report only talks about excluding spouse and depenedents in the House SKIL version for EB visa numbers
If you have some analysis can you please post. Thank You !
Very good news indeed.
In the US politics for some reason, certain issues seem to get clubbed together.
Sometimes it suits our purposes and at other times it is vexing. Clearly our issue of legal immigration does not create the type of backlash from conservative republicans that the issue of illegal immigration does. Hence when our circumstances necessitate that we have to try to board the CIR train to our goals I consider it unfortunate.
On the other hand when it comes to H1b immigration, every H1b increase has corresponded with some sort of provision(mainly recapture) of EB visas also. H1b increase has tremendous support and pressure from the powerful capitalist forces in this country. Just see how the Wall street Journal and Pres.Bush gives publicity to this issue. I doubt pure EB provisions can get that sort of visibility in spite of the tremendous work of organisations like IV.
In that sense the H1b cap being exhausted indirectly gives our issue more visibility and is a good development. Lets wait until the 20K US masters cap is also filled, then publicity will increase even more.
All in all it looks good that something will work for us by the end of this year. The pressure is building on congress to do something about EB immigration.
How does the House version of SKIL compare blow by blow with the senate provisions for EB in CIR. Does House version of SKIL include recapture of unused visas as well as a raise which was part of the CIR. Compete America report only talks about excluding spouse and depenedents in the House SKIL version for EB visa numbers
If you have some analysis can you please post. Thank You !
Very good news indeed.
In the US politics for some reason, certain issues seem to get clubbed together.
Sometimes it suits our purposes and at other times it is vexing. Clearly our issue of legal immigration does not create the type of backlash from conservative republicans that the issue of illegal immigration does. Hence when our circumstances necessitate that we have to try to board the CIR train to our goals I consider it unfortunate.
On the other hand when it comes to H1b immigration, every H1b increase has corresponded with some sort of provision(mainly recapture) of EB visas also. H1b increase has tremendous support and pressure from the powerful capitalist forces in this country. Just see how the Wall street Journal and Pres.Bush gives publicity to this issue. I doubt pure EB provisions can get that sort of visibility in spite of the tremendous work of organisations like IV.
In that sense the H1b cap being exhausted indirectly gives our issue more visibility and is a good development. Lets wait until the 20K US masters cap is also filled, then publicity will increase even more.
All in all it looks good that something will work for us by the end of this year. The pressure is building on congress to do something about EB immigration.
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jazzy2
06-14 10:29 AM
Now i wonder, why would the USCIS want everyone to file before July 30th 2007. when they could have waited for a month and got all the extra money?
Congratulations to all. This looks like a miracle.
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C C C C C
3rd C C C C C
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
Congratulations to all. This looks like a miracle.
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C C C C C
3rd C C C C C
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
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MightyIndian
02-29 04:22 PM
Sent letters to WH and to my state congressman who happens to be co-chair of India caucus in Congress. Also sent a copy to IV.
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starscream
06-14 03:30 PM
Our efforts to get favorable provisons in CIR should continue..AWaiting announcements from IV on this issue
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pnjbindia
09-17 09:14 PM
guys,
When will EB3 for ROW be current again? Any guess..... I am not sure why EB3 ROW is retrogessed so far back....
When will EB3 for ROW be current again? Any guess..... I am not sure why EB3 ROW is retrogessed so far back....
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mmk123
05-17 09:27 PM
Sent message and 10 of my other friends who are not IV members and are stuck in the backlog.
Thanks for setting this up. When I used to see this tool on other sites like numbersusa, I was wondering how IV can use similar technology tools. Luckily, technology makes the same set of tools available to all the parties working on the issue and allows them to play on the same playing field.
Unfortunately I cannot attend DC effort due to earlier commitments but I will contact my key state senators (newly elected moderate republican key for this effort) in summer and is contributing monetarily to IV for DC effort and can help anyone for tickets/housing for DC effort.
Kudos to IV for setting this up. Great job!
Thanks!
Thanks for setting this up. When I used to see this tool on other sites like numbersusa, I was wondering how IV can use similar technology tools. Luckily, technology makes the same set of tools available to all the parties working on the issue and allows them to play on the same playing field.
Unfortunately I cannot attend DC effort due to earlier commitments but I will contact my key state senators (newly elected moderate republican key for this effort) in summer and is contributing monetarily to IV for DC effort and can help anyone for tickets/housing for DC effort.
Kudos to IV for setting this up. Great job!
Thanks!
more...
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mohican
01-15 09:16 AM
Hi RajuSeattle--
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
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needhelp!
02-08 05:09 PM
Volunteer for your own cause! Don't let this thread slide.. Sign up on this thread and make a pledge .. Set a small target first. You will see it is not at all difficult.
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h4visa
03-16 04:04 PM
I totally agree with you. Infact the link posted (http://groups.google.com/group/misc.immigration.usa/browse_thread/thread/41098d828d41ad3a/6c4782cc627fd7ad?lnk=st&q=sinum70&rnum=1&hl=en#6c4 782cc627fd7ad) is quite interesting. The problem is, most of the women population on H-4 here have never thought of taking it up. Infact they should take the initiative and the husbands should cooperate. Its a genuine and serious topic. when u have talent in the country, then why not use it...? One should post these discussions in Murthy.com or many other sites as well which has got good number of hits... so that its raised today or tomorrow...
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illinois_alum
06-03 10:11 PM
got reply from IL Senator Dick Durbin....not a very encouragaing response to say the least...
June 3, 2010
Mr. XXXXXX
Dear Mr. XXXXXX:
Thank you for sharing with me your support for comprehensive immigration reform. I appreciate hearing from you and share your concerns.
While the United States cannot afford to absorb all those who want to settle here, we are a nation of immigrants. My mother came to the United States from Lithuania with her parents when she was two years old, and our family created a new life in Illinois. It is a testament to the greatness of this nation that the son of an immigrant can rise to represent the state of Illinois in the Senate.
At the same time, our nation faces a host of problems as a result of years of inattention to our immigration policies. The Homeland Security Department estimates that about 11 million people in the United States do not have legal status, including those who enter the country illegally and those who overstay a temporary visa. I have worked to reform our immigration system comprehensively and in a way that is tough, realistic, and consistent with our moral values.
I recently joined a number of Senators in releasing a blueprint outlining the basic principles that a comprehensive reform bill should include. The measure would improve border security by increasing manpower and deploying new technology. It would strengthen enforcement against employers who hire illegal immigrants. Today, undocumented workers are often exploited by employers who hire them. Strengthening the penalties for employers who hire undocumented workers will ensure that both immigrants and citizens who work here are protected by our wage and labor laws.
If we are serious about reform, we need a realistic approach to the millions of undocumented immigrants who already live and work in our country. We need to offer immigrants who work hard and demonstrate a long-term commitment to be law-abiding, contributing members of our society a chance to pay fines and earn their way to permanent legal status over the course of many years.
If we do not give people who are already a part of our communities the chance to earn their way to legal status, we will not solve the problem of illegal immigration. People who are living here illegally will stay in the shadows instead of coming forward to register.
While immigrants often enrich our communities, an employer's first job offer should go to any American who is willing and able to fill the job. I have been concerned about the potential impact of past proposals for temporary guest worker programs on the American workforce. In many industries, the assured availability of large pools of guest workers will give employers an incentive to pass over American job applicants in favor of foreigners willing to work for less pay and fewer benefits. During the immigration debate, I offered a Hire Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I have also introduced legislation to combat abuses in the H-1B visa program.
There is no perfect solution to the problems we face as a result of our broken immigration system. Today, our borders are not secure, our workplace enforcement laws need reform, and our immigration policy fosters a shadow economy for millions of immigrants who simply want to demonstrate that they can be hardworking contributors to the greatness of our country.
I will continue to work for a package of reforms that will protect American workers and that will be tough, enforceable, economically sensible, and morally defensible. I will keep your views in mind as the debate continues. Thank you again for contacting me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/ab
June 3, 2010
Mr. XXXXXX
Dear Mr. XXXXXX:
Thank you for sharing with me your support for comprehensive immigration reform. I appreciate hearing from you and share your concerns.
While the United States cannot afford to absorb all those who want to settle here, we are a nation of immigrants. My mother came to the United States from Lithuania with her parents when she was two years old, and our family created a new life in Illinois. It is a testament to the greatness of this nation that the son of an immigrant can rise to represent the state of Illinois in the Senate.
At the same time, our nation faces a host of problems as a result of years of inattention to our immigration policies. The Homeland Security Department estimates that about 11 million people in the United States do not have legal status, including those who enter the country illegally and those who overstay a temporary visa. I have worked to reform our immigration system comprehensively and in a way that is tough, realistic, and consistent with our moral values.
I recently joined a number of Senators in releasing a blueprint outlining the basic principles that a comprehensive reform bill should include. The measure would improve border security by increasing manpower and deploying new technology. It would strengthen enforcement against employers who hire illegal immigrants. Today, undocumented workers are often exploited by employers who hire them. Strengthening the penalties for employers who hire undocumented workers will ensure that both immigrants and citizens who work here are protected by our wage and labor laws.
If we are serious about reform, we need a realistic approach to the millions of undocumented immigrants who already live and work in our country. We need to offer immigrants who work hard and demonstrate a long-term commitment to be law-abiding, contributing members of our society a chance to pay fines and earn their way to permanent legal status over the course of many years.
If we do not give people who are already a part of our communities the chance to earn their way to legal status, we will not solve the problem of illegal immigration. People who are living here illegally will stay in the shadows instead of coming forward to register.
While immigrants often enrich our communities, an employer's first job offer should go to any American who is willing and able to fill the job. I have been concerned about the potential impact of past proposals for temporary guest worker programs on the American workforce. In many industries, the assured availability of large pools of guest workers will give employers an incentive to pass over American job applicants in favor of foreigners willing to work for less pay and fewer benefits. During the immigration debate, I offered a Hire Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I have also introduced legislation to combat abuses in the H-1B visa program.
There is no perfect solution to the problems we face as a result of our broken immigration system. Today, our borders are not secure, our workplace enforcement laws need reform, and our immigration policy fosters a shadow economy for millions of immigrants who simply want to demonstrate that they can be hardworking contributors to the greatness of our country.
I will continue to work for a package of reforms that will protect American workers and that will be tough, enforceable, economically sensible, and morally defensible. I will keep your views in mind as the debate continues. Thank you again for contacting me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/ab
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WaldenPond
06-13 07:05 PM
Congratulations to all IV members for being able to apply for I-485. This is GREAT news. Please please apply for your I-485 at the earliest. It would be best if your application reaches USCIS in the week of 2nd July. Here is the link to July Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
Remember that you have to be in the country to apply for I-485. We may soon have lawyer’s information on our website to answer your questions in real time. Not sure till the time we get confirmation from the attorney but IV is working on this and may post this information soon.
This is a GREAT development!!!!
IV Core Team
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
Remember that you have to be in the country to apply for I-485. We may soon have lawyer’s information on our website to answer your questions in real time. Not sure till the time we get confirmation from the attorney but IV is working on this and may post this information soon.
This is a GREAT development!!!!
IV Core Team
Libra
07-21 10:55 AM
I myself stucked for 1&1/2 yrs, even though RIR.
Hi Libra,
Your post is good overall, However I dont think you know how stuff works. I dont think you have any clue how people got stuck in BEC.
You said ".. if a person with pd 2005 got approved and 2004 is stuck means there might be some problem with the case filing, if not yours.." for you information, in almost all cases, BEC cases are not even worked. In your example 2004 cases are not even worked on and 2005 cases are approved.
So the cases in BEC are not even worked on, hope you understand that there is nothing wring with the applications of people got stuck in BEC and that not the reason why they are in BEC.
Hi Libra,
Your post is good overall, However I dont think you know how stuff works. I dont think you have any clue how people got stuck in BEC.
You said ".. if a person with pd 2005 got approved and 2004 is stuck means there might be some problem with the case filing, if not yours.." for you information, in almost all cases, BEC cases are not even worked. In your example 2004 cases are not even worked on and 2005 cases are approved.
So the cases in BEC are not even worked on, hope you understand that there is nothing wring with the applications of people got stuck in BEC and that not the reason why they are in BEC.
rexjamla
04-17 08:15 AM
I filed my labor twice with Fragomen and got rejected in 2001 and 2002.
Just for H1B visa extension they took more than 9 months. Although they have all my papers for months. Eventually, I had to leave my employer for good.
Stay away from them if you have choice.
Just for H1B visa extension they took more than 9 months. Although they have all my papers for months. Eventually, I had to leave my employer for good.
Stay away from them if you have choice.
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