WillIWin?
04-07 10:01 AM
There is no need for you to have an actual copy of the I-140. I am assuming that you want to have the documents to prevent the current employer doing any 'harm' - intentional or otherwise to your case.
AC21 states that as long as the 140 has been certified, the current employer cannot do any thing if the employee leaves.
I am NOT sure about this next point, but even if the 140 is revoked by the employer the LC and PD stay valid.
Make sure you have the receipt #s, and check the status on the USCIS website. Once 140 is certified, you are golden.
Hope this helps.
AC21 states that as long as the 140 has been certified, the current employer cannot do any thing if the employee leaves.
I am NOT sure about this next point, but even if the 140 is revoked by the employer the LC and PD stay valid.
Make sure you have the receipt #s, and check the status on the USCIS website. Once 140 is certified, you are golden.
Hope this helps.
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ImmiRam
09-13 05:05 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
vin13
03-09 01:17 PM
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
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hopefulgc
01-30 03:48 PM
I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
After all, its a good way to put the fitting GC pain to rest.
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
After all, its a good way to put the fitting GC pain to rest.
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
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sledge_hammer
06-29 11:37 AM
^^^^
gcretroiv
07-09 08:54 PM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
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iwantmygcnow
10-15 04:06 PM
Thank you
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EndlessWait
07-05 03:11 PM
Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.
75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)
Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.
I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.
just my 2 cents.
pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)
Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.
I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.
just my 2 cents.
pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
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desi3933
06-22 07:40 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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willigetgc?
12-03 09:29 AM
Is there anything that can be done to fix this? write or talk to someone in uscis or ombudsman's office?
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meridiani.planum
01-18 01:13 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
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tnite
10-05 09:28 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
I dont think you will get a rejection. RFE is the most likely answer
Am I 100% sure, No
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
I dont think you will get a rejection. RFE is the most likely answer
Am I 100% sure, No
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kroy1976
04-13 08:54 AM
Hi,
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
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cox
October 25th, 2005, 11:51 PM
I think the timing is a matter more of when those of you who have to travel can make it here. For the locals, I think we're a lot more flexible. I would suggest a pre-xmas timing (mid to late dec). Right now, the fog on the bay is pretty bad, but toward xmas it usually lightens up. The weather will be chilly (esp. Marin & the seashore), but it never really gets cold here like those of you who have midwest or northeast winters. ;) Hotel rates should also be good. I'm looking forward to meeting any of you who can make it out here!
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.
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salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
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dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
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ivar
06-18 10:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
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InTheMoment
05-17 06:17 PM
Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
ivdude
10-02 02:00 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
Did you hand over PR Cards to canadian govt or nothing has to be done.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
Did you hand over PR Cards to canadian govt or nothing has to be done.
talash
10-15 11:48 PM
Again always track ur al aplications and DONT depend on lawyer .
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