glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
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immiguy
07-20 05:03 PM
her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
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Bpositive
01-05 12:12 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...
Anyone?
Anyone?
more...
daishwarya
07-20 02:50 PM
@Suvendra, sent you a private message. Please check.
cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
more...
Berkeleybee
04-07 11:50 PM
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
Posmd, this current fracas is about the battle over undocumented workers. That is the part that has to get past Sensenbrenner. I doubt he will waste his energies on us.
And please everyone, do give our strategic counsel and the people who are much closer to the battlefield than you a bit of credit -- do you think we aren't lying awake thinking of every stragem and counter-strategem? Have we shown signs of stupidity? BTW, it is IV volunteers who have written every memo in our resources page, not our strategic counsel -- you'll have to agree the people who did that have brains. :)
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hsingh82
06-15 11:26 PM
Indonesia
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
more...
tb2904
03-26 08:50 PM
I think you can volunteer while on H4. But, I would not recommend working "off the book" - it is illegal and can screw your GC process big time.
Some charity organization ask for the social security number even for volunteering. But, I am sure there are many who will let you work without it.
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
Some charity organization ask for the social security number even for volunteering. But, I am sure there are many who will let you work without it.
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
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pappu
07-29 11:45 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
more...
gcisadawg
11-09 10:32 AM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
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tonyHK12
01-07 09:17 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
more...
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japs19
01-22 11:18 AM
Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
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justsomeguy
07-12 10:00 PM
who said it was easy - all im saying is, the PD portability law becomes contradictory when there's no law to prevent employers from withholding I-140 or labor approvals.
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santb1975
02-14 03:37 PM
Thanks for sending the letters out. We hope to see you at our next event
I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.
Just FYI.. I did send the letters last week.
Thanks,
Abhay
I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.
Just FYI.. I did send the letters last week.
Thanks,
Abhay
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go_guy123
01-25 07:00 PM
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
They(mainly republicans) all want guest workers which their corporate
patrons can misuse and no green card.
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
They(mainly republicans) all want guest workers which their corporate
patrons can misuse and no green card.
more...
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sands_14
06-11 03:21 PM
I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
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pdakwala
06-26 12:20 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.
So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.
The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.
So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.
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lrindy
09-27 08:33 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!
Cheers,
LRIndy. I am not a lawyer always consult one before making a decision.
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!
Cheers,
LRIndy. I am not a lawyer always consult one before making a decision.
Kitiara
05-27 10:25 AM
Consider it a back handed compliment. :)
reddymjm
05-01 09:47 AM
Cool down and complete your story. Hopefully You did not file ur case like this. Just kidding.
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