herns
03-20 04:00 PM
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
Champu,
What is the basis of I-140 priority date? is it when the I-140 was filed or when it got approved?
Here is an EXAMPLE for you and to everyone else to understand easily:
I-140 filed Jan 6 2006
I-140 approved Feb 6 2007
is the PD Jan 6, 2006 or feb 6 2007?
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
Champu,
What is the basis of I-140 priority date? is it when the I-140 was filed or when it got approved?
Here is an EXAMPLE for you and to everyone else to understand easily:
I-140 filed Jan 6 2006
I-140 approved Feb 6 2007
is the PD Jan 6, 2006 or feb 6 2007?
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ashkam
03-25 08:20 AM
Approved
Receipt Date : Nov 13 2007
Notice Date : March 17 2008
Receipt Date : Nov 13 2007
Notice Date : March 17 2008
TomTancredo
01-10 05:17 PM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
2011 But what about compact
RandyK
02-15 10:19 PM
What is EVL ?
more...
gc28262
03-18 08:28 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
GC_hope_2006
01-28 07:40 PM
Thanks to all your inputs. It was really helpful.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
more...
Fightwithfate
03-19 06:11 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
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rrkany
12-21 11:37 AM
I live in chicago, want to be part of this effort.
more...
gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
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H1bEmployer
09-16 04:47 PM
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
Thanks
more...
gc_wow
10-14 09:37 PM
This is not typical, this guy sounds like a scam, ignore..................This is not a family court.According to Mislim crap,you can marry as many as you wanted, you can divorce some saying talak over the phone.This is not some thing rational, stupid muslim crap, i dont understand why every one is eager to help him.
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gc28262
03-18 08:28 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
more...
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DSLStart
10-01 02:45 PM
I came back last month from India via Frankfurt on Lufthansa. Airline does suck badly, but there is no need for transit visa if you got valid AP/visa stamp.
Folks - Amsterdam, Dubai, Brussels are the best way to go. 4 years back, I had problems with Lufthansa, I did not know I ahd to take transit visa and they never allowed me on flight and I had to travel the next day by going to german consulate in morning get visa and went back in afternoon, and surprisingly they had blocked me for that day. Until then, I always used to travel ONLY by lufthansa, but after that experience, I never wanted to. I always fly emirates and I like it.
Folks - Amsterdam, Dubai, Brussels are the best way to go. 4 years back, I had problems with Lufthansa, I did not know I ahd to take transit visa and they never allowed me on flight and I had to travel the next day by going to german consulate in morning get visa and went back in afternoon, and surprisingly they had blocked me for that day. Until then, I always used to travel ONLY by lufthansa, but after that experience, I never wanted to. I always fly emirates and I like it.
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chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
more...
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DDLMODES
07-13 01:19 PM
I hope that never, ever, ever happens. Actually, I'm sure it never will. :p
I second that !
And also I don't see how that will solve anything. Visa #'s are the problem not the distribution of the #'s.
;)
I second that !
And also I don't see how that will solve anything. Visa #'s are the problem not the distribution of the #'s.
;)
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yestogc
07-17 02:57 PM
Seriously, site is down , I have not seen that too many times.............. is there someone on leave there ?
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Pagal
03-25 08:25 AM
Hello CrazyDesi,
Congratulations! :) I really hope that USCIS starts this proactive approach towards adjudicating applications, that way if and when our PD becomes current, the card production would be the only remaining step in this journey.
All the best and wish that you get your permanent residency in April itself! :)
Congratulations! :) I really hope that USCIS starts this proactive approach towards adjudicating applications, that way if and when our PD becomes current, the card production would be the only remaining step in this journey.
All the best and wish that you get your permanent residency in April itself! :)
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vkotval
04-06 10:34 PM
Like rollover minutes for a mobile phone plan .... I think we should propose USCIS to rollover the unused visa numbers to the next year. :D
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pratibha
03-06 08:30 PM
I am 19 yrs old and on H4 visa since Sept 2002. Will this act be of any help for students on H4 who will get be aging out shortly at 21 yrs.
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
Your valuable input will be of great help. Please share your views.
Or is the act only for students of Illegal parents.
Thanks
gcnirvana
02-05 12:16 PM
I have two 797s: one which is current valid till June 2007 and the other from July '07 till July '10 (using my approved I140). I am going for visa stamping this March at Chennai consulate. Can they combine both my 797s and stamp me till 2010 or they'll do it only till June 2007?
gccovet
07-23 11:53 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
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