HRPRO
03-07 12:32 PM
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
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aarzoo
02-02 06:33 PM
@clockwork: Can you suggest some good lawyer(s).
fromnaija
12-03 04:09 PM
With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.
See page 3 of this document:
http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.
It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.
See page 3 of this document:
http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.
It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.
2011 David King Liebe Hart and
rajuram
01-15 01:47 AM
I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.
more...
Riakapoor
09-16 05:20 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
InTheMoment
07-28 01:43 PM
Yes but don't forget all those BEC folks from EB2 PD Jan 03 (and earlier) to Apr 04 who applied in this June and some in July !! These people are going to create the next demand.
more...
g_singh
06-22 04:33 PM
Please let us know what happened? We (H1Bs) are in the same boat. Did you become a member of brokerage firm (LLC).
Thanks
Thanks
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eb3retro
08-31 01:14 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
try voting no, and it will increase by 500 votes.:D:D:D
try voting no, and it will increase by 500 votes.:D:D:D
more...
greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
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chanduv23
08-06 04:38 PM
^^^^^^^^^^^^
Please participate in publicity campaign, click on this link
http://immigrationvoice.org/forum/showthread.php?p=141453#post141453
Please participate in publicity campaign, click on this link
http://immigrationvoice.org/forum/showthread.php?p=141453#post141453
more...
green_card_curious
03-08 10:17 AM
This is EXACTLY the confusion. My case is explained below:
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
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go_guy123
01-11 08:35 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
more...
house judge DAVID LIEBE HART
michael_trs
05-14 04:48 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?
Now the question is does it automatically lead to audit?
Now the question is does it automatically lead to audit?
tattoo David Liebe Hart w/ Art
mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
more...
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arunmohan
02-04 06:25 PM
Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
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Life2Live
01-09 12:55 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
more...
makeup Liebe Hart as David Liebe
aristotle
04-05 06:52 PM
You can get an extension using A's 140 only if it was not revoked.
Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.
My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?
Thanks!!
Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.
My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?
Thanks!!
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BEC_fog
05-27 11:55 AM
You can send a comment to QGA from their website if you want under the contact us link.
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vjkypally
08-06 12:17 PM
Where you moved from NSC to TSC or did you file at TSC?
don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
gcisadawg
04-07 05:08 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
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