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  • gc_chahiye
    01-11 12:17 AM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.

    employer can withdraw I-140 any time. A withdrawl after 180 days of 485 filing should not impact the original beneficiary.

    However these cases of substituted beneficiary using an I-140 when the underlying labor has been already been used by someone else for an approval, is a very gray area. USCIS has denied such cases in the past. search for "AC-21" + "mitosis" on Google to see various theories and threads about this...

    I would second the suggestion to let this go, but talk to a very good immigration attorney like Murthy/Rajiv Khanna. A 30 minute consultation might be a worthwhile investment.





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  • mirage
    03-16 04:44 PM
    I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..





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  • gene77
    10-19 06:31 PM
    Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.

    Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.





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  • hoolahoous
    02-29 01:50 AM
    I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).

    please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
    Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
    Please do not start fear mongering based on incomplete information.



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  • kokil
    03-15 11:16 PM
    In short how do I can look up at AACRAO database? I believe that is what USCIS follows.





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  • fall2004us
    11-10 02:45 PM
    Nice set of questions...
    as long as primary is H1 and is working for the sponsored employer, switching the status between H4 and EAD should not be a problem, It is always good to have a set of approved AP.
    I might be wrong, please throw some more suggestions.

    Last year, One of my co workers went to china, just before he left, he got his green card, a month before he had got his AP. When he arrived at the POE, he made use of his AP instead of GC, when I asked him why he did that? He said he wanted to take advantage of AP as he paid for the AP :D
    Does that mean that his GC is invalid, the officer at POE could have cross checked whether he had a GC !!!
    Similarly, the officers cant check between EAD and H4..



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  • nonimmi
    05-22 02:56 PM
    I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.





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  • Michael chertoff
    07-10 09:43 AM
    Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true

    Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)

    I hope it wiill move to Aug 2006 PD.



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  • deepakmathew
    03-25 11:05 PM
    Dec 03,2007 Still waiting





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  • augustus
    10-05 04:00 PM
    Our FP were sent back to USCIS the same day - 10/1/07.

    What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:

    Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.



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  • masala dosa
    04-04 06:38 PM
    one desi fella in my office came and asked me sme very irritating questions
    like what if IV is a scam and they scoot with money
    LOL but very irritating

    so i send him the Lobster story on this thread and thanked him

    many folks are apparently very BUSY ( read very busy) to hit webfax.

    i tell them if you want to participate be our guest else dont generate unwanted rumours!!!!

    In my view i am doing nothing when compared souls on the top of this ...
    great motivation.
    Keep up the good work..
    Let techies be saved by this technology ..internet that unites folks who dont evenhave their real name on forum!!!
    Good job guys





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  • veereddy
    10-01 05:31 PM
    Did anybody fly recently in Lufthansa to India? I wanted to know whether you need transit visa.
    I have booked the tickets in Lufthansa to india in Dec.

    My travel agent says you dont need transit visa if you have AP.

    Since i have time now, i can apply nowif needed.

    Also please give me the details about the appln forms to apply for the transit visa.

    please advise.

    I came back via Frankfurt on Lufthansa last month, on AP no problems.



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  • gimme_GC2006
    07-19 03:00 PM
    Did you fill the actual I-485 forms or just the questionnaire that employers usually send? in case you've filled actual forms that they will send, did you check the box on the right bottom where it asks if you'll be represented by an attorney...

    In case of a questionnaire, you might get those forms filled by them for your signatures.

    good luck

    I filled the 485 forms my self.
    Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?


    Can my employer sign it now (without me sending G-28??)





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  • hpandey
    09-16 08:02 PM
    The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
    if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.

    That's what I meant . Since he started usinlg the H1 his H4 visa was no longer valid . Doesn't that mean that if he goes back he will have to get some kind of visa stamped to come back ( either H4 or H1 ). Could someone throw more light on this situation.



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  • nave_kum
    09-14 01:47 AM
    I am a July 2nd filer and my checks cashed August 14th. I got the receipts on August 20th from my lawyer and am waiting for my FP notice. Does anyone know how long does it take to get the FP Notice?

    The avg waiting time is about a month.





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  • sanju
    04-21 11:23 AM
    I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,

    I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.

    H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market

    Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,

    eb3India,

    Are you out of your mind? It is one thing to be ignorant and it is entirely different to be an idiot and foolish. A delay with green card is driving you insane. Please get a grip on yourself.

    No system in the world is 100% full proof. There maybe some problems with H1b problem, but that means system needs to be twicked, not abandoned. People like John Miano are always looking for posts like the one above. So just to win a point you are posting irresponsible comments, the once that could easily be found on any anti-immigrant websites. That’s why you are not just ignorant, you are idiot and foolish. Please post responsibly. It is the least that is expected from a highly skilled person like you.

    If you are not qualified enough and if you don’t add value to your employer, accept it and leave. Why do you think that you are a representative sample of the entire H1b community? There are lots of people on H1 who make their employers competitive and add value to their place of work. They are not driving down wages and your generalization of the entire H1b program to support your idiotic point about “slavery” is WRONG. It seems you have a very low self esteem.

    Delay with green card is not a valid reason enough to throw blame on everything around you, including blaming H1b program. Your attitude is ‘the door shuts right behind me’ and then you find reasons to justify your attitude. C’mon man, get a life.

    On a different note, can you guys do/contribute in any better way than to change the name of the organization? Is that the best WE - THE BEST AND THE BRIGHTEST - THE HIGHLY SKILLED AND TALENATED can do, change the name of the org and expect things to change for us?



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  • alex99
    10-19 08:15 AM
    YADABABA,

    Perm prior means---Is it all the labor applications filed before PERM introduced?





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  • smsthss
    11-19 01:26 PM
    I received RFE on my 140 on nov 15th. I came to know about this when i checked the status online. It says on Nov 15th we mailed you a notice requesting further evidence . I-140 Receipt date is dec 11 2006. I do not yet know what the RFE is about. How many days does it take for the RFE to arrive normally ??





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  • GCWhru
    07-10 11:05 AM
    You usually get a SS statement in mail after you have filed your taxes. If you don't, then there is a way to request the statement from www.ssa.gov.

    https://secure.ssa.gov/apps6z/isss/main.html

    You get SS statement 3 months before your birthday.





    thomachan72
    03-01 07:28 AM
    Very interesting. I thought affidavit from the mother or father along with a letter of non-availibility of birth certificate should be Ok.
    Ofcourse the non-availibility is usally given in a piece of paper and not any official letter head. There might / might not even be an official seal in many cases.
    Would be interesting to see what others think about your issue.





    sidbee
    05-12 04:54 PM
    This thread is a crap fck.
    Why are we speculating the dates just for the heck.Pl stop this.



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