EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
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EdenMN
04-17 04:57 PM
seems like it's against H1s and not pro immigration policies.
If so please delete this thread people may by mistake sign it for this petion
If so please delete this thread people may by mistake sign it for this petion
vallabhu
01-02 11:45 AM
I am not giving up so easily after waiting for 4 years, esp when I have qualification mentioned in ETA-750 and mine was not a substitution labor either.
Any other thoughts guys.
Any other thoughts guys.
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satyasaich
08-28 08:36 AM
to tell you the truth, DO NOT make silly statements at all. like someone said in this forum, we ARE professionals and dignified individuals with a wide array of qualifications by virtue of which WE are doing jobs in this country. some of us are here working for more than 8 years, some others may be 3 years, some others may have just begun.
Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
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ItIsNotFunny
10-13 03:25 PM
Doesn't matter casuals or formals.
Casuals - most of the IOs don't mind.
Formal - everyone likes it. I would rather go for formal to be on safe side.
Casuals - most of the IOs don't mind.
Formal - everyone likes it. I would rather go for formal to be on safe side.
sunray
10-07 03:57 PM
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
more...
bmoni
12-22 08:42 PM
I thought the same thing when i read it first time ...
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
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yabadaba
06-22 10:05 AM
To Hemasar
No- You better get you act straight.
Your post heading said "TB skin test is not mandatry"
So that implies it is not required. also the correct spelling is mandatory.
The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.
http://www.murthy.com/news/n_tbtest.html
Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.
No- You better get you act straight.
Your post heading said "TB skin test is not mandatry"
So that implies it is not required. also the correct spelling is mandatory.
The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.
http://www.murthy.com/news/n_tbtest.html
Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.
more...
bsbawa10
08-21 10:23 AM
You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.
Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.
I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.
Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.
I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.
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anurakt
01-21 02:12 PM
I joined Immigration voice on orkut. My name is Chandrakanth
Thanks , I see lot of people joining now.
Thanks , I see lot of people joining now.
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SAP
04-07 03:36 PM
Folks,
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
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sac-r-ten
03-17 02:28 PM
Its better you get in touch with a good attorney on this personally. why wait for free advices on such an important/life changing decision in life.
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kshitijnt
04-23 08:23 AM
The statistics can be skewed in that people switch jobs after perm, people like me have filed 2nd perm application despite having an earlier 2005 application.
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insbaby
10-05 08:20 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
Hey, in 5 years, all the EB waitings are going to start the family based GCs with their kids. So in 10 years, the Family Queue will be same as EB Queue, so it is better to wait on EB Queue. :)
I am not sarcastic this is the reality,
Hey, in 5 years, all the EB waitings are going to start the family based GCs with their kids. So in 10 years, the Family Queue will be same as EB Queue, so it is better to wait on EB Queue. :)
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Sunx_2004
09-08 06:32 PM
Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
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agc2005
12-25 08:38 AM
kish006:
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
more...
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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GCnew
03-17 12:45 PM
No. I sent my application in June. It was received on June 19th.
Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.
Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.
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punjabi
03-16 04:26 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
sameer2730
05-15 08:24 AM
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.
Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.
The other anti's I see here posing as good guys
"GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
"EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
May those who indulge in this classless activity burn in effing hell.
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.
Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.
The other anti's I see here posing as good guys
"GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
"EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
May those who indulge in this classless activity burn in effing hell.
sunny1000
06-11 05:35 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
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