Maverick_2008
02-23 09:10 PM
- My 485 is filed more than 6 months ago
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
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jvs
03-02 06:36 PM
Regarding "New Scenario - Seeking second opinion"
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
go_guy123
09-14 03:34 PM
Obviously this is illegal you should report to DOL ...read the posting in this forum it has been
discussed at lenth. WH-4 cmplaint letter etc.
discussed at lenth. WH-4 cmplaint letter etc.
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snaidu
06-28 03:46 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
more...
manish1905
10-07 12:07 PM
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
I have filled all my details now.
I have filled all my details now.
H1Girl
10-13 03:05 PM
...
But never a tie.
Wrong... who said Tie is Not OK? Some officers wear Tie...
But never a tie.
Wrong... who said Tie is Not OK? Some officers wear Tie...
more...
pappu
08-10 04:09 PM
My GC is approved but still I want to continue my contribution (in steps of $20) for this good cause....However, I dont see any $20 contributions for last couple of weeks..Is it possible to start contribution of $20 for guy like me who have GC & wants to help for this cause?
Congrats on your GC and thanks for your support.
We took out the $20 per month option. We had that option for $20 per month for 6 months and only 200+ people signed up out of several thousand members who visit the site everyday. This happened when we announced that we may have to close this site and our work for lack of funds. After seeing lack of appreciation from members, running an organization and putting effort then seems useless to us in the core team. Why should we spend so much time and energy on something that only few people appreciate out of thousands in this community? Why should we run an organization where only a handful want to help out and everyone else is only interested in asking questions, complaining , picking up fights with others, criticizing IV?
Many people wrote to us saying $20 is too high and it should be reduced to $10 or even $1 per month and then everyone will contribute.
So pls tell us how we can survive with such amounts when others are spending hundreds or thousands and millions to prevent our bill?
Lack of funds affect our ability to go all out and get the work done. Lobbying is no charity. So unless each and every member feels to contribute from his/her heart contributions will not happen.
Previously people used to ask our achievements and say that they will contribute only after they see some results. We have given a few results till now and demonstrated commitment to the cause. If people are still not going to contribute, then such people will never contribute. We value everyone that has contributed and anyone who contributes in times of need.
Congrats on your GC and thanks for your support.
We took out the $20 per month option. We had that option for $20 per month for 6 months and only 200+ people signed up out of several thousand members who visit the site everyday. This happened when we announced that we may have to close this site and our work for lack of funds. After seeing lack of appreciation from members, running an organization and putting effort then seems useless to us in the core team. Why should we spend so much time and energy on something that only few people appreciate out of thousands in this community? Why should we run an organization where only a handful want to help out and everyone else is only interested in asking questions, complaining , picking up fights with others, criticizing IV?
Many people wrote to us saying $20 is too high and it should be reduced to $10 or even $1 per month and then everyone will contribute.
So pls tell us how we can survive with such amounts when others are spending hundreds or thousands and millions to prevent our bill?
Lack of funds affect our ability to go all out and get the work done. Lobbying is no charity. So unless each and every member feels to contribute from his/her heart contributions will not happen.
Previously people used to ask our achievements and say that they will contribute only after they see some results. We have given a few results till now and demonstrated commitment to the cause. If people are still not going to contribute, then such people will never contribute. We value everyone that has contributed and anyone who contributes in times of need.
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meridiani.planum
07-12 08:35 AM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
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sounakc
07-26 07:23 AM
i do it using remit2india and i am satisfied.
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jsb
11-29 04:22 PM
It may be better to get a bank-draft or money-order for required C$, and attach to the application. In any case, Canadians are far more accomodating, they will not reject your app just because fee was not right to the cents.
more...
p_aluri
06-11 06:16 PM
Once the H1-B extension is approved you are good to go(This is a big gray area)!
Some says once the I-140 is revoked , the subsequent H1-B no longer valid. But there is no guidline to prove the same.
As per my knowledge once its approved you are good to go until the expiration date.
I am not a lawyer, I am telling based on information gathered from various posts/forums.
what happens to the H1 extension if the I-140 is subsequently revoked?
Some says once the I-140 is revoked , the subsequent H1-B no longer valid. But there is no guidline to prove the same.
As per my knowledge once its approved you are good to go until the expiration date.
I am not a lawyer, I am telling based on information gathered from various posts/forums.
what happens to the H1 extension if the I-140 is subsequently revoked?
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
more...
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GotGC??
01-02 03:30 PM
Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
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Templarian
11-25 01:17 AM
Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:
Also, good to see people like Stargate and get that reference.
Also, good to see people like Stargate and get that reference.
more...
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GCAmigo
12-04 09:16 AM
you should in fact thank the system for letting you to continue on H1 ..
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admin
04-13 10:00 PM
Section 406(Pg 287) and Sec 619(Pg 503) of S 2612 discusses the effective date of the new rules. But these dates pertain only to provisions for the unskilled temporary worker program and the agricultural worker program. I think Session's amendments was for only these 2 categories. Other stuff like Border Security they would want to get it going at the earliest.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
more...
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krish2005
11-09 06:18 PM
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
There is no accepted literary evidence to support his views. If so, please point me to that
Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
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kaisersose
06-02 01:42 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
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kirupa
01-06 12:57 PM
"Conflict of Interest" is my middle name...s.
:P
:P
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
krishnam70
02-22 09:40 PM
Hi Kris,
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Amulchandra
I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE
Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO
If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..
good luck
kris
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Amulchandra
I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE
Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO
If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..
good luck
kris
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