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Saturday, June 11, 2011

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  • NYC-circuit
    10-14 02:38 PM
    Dear Friends,
    After putting lot of pressure to my company the company lawyer did concurrent filing of i-140 and 485. The application was submitted and received my Nebraska on July 27th 2007.
    I have not spoken to the attorney, when I called his office; his staff gave me a FedEx number for my application which showed that it reached Nebraska Service Center. I am assuming that the application was send out. My checks are not yet cashed; I have not received a receipt notice or any other document. Is there anyone else on my situation, I am starting to doubt if my application has gone out, please advice
    Thanks





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  • gc2
    09-23 11:11 AM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

    thanks





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  • pointlesswait
    02-13 01:10 PM
    > American Dream or Pipe Dream!!!


    ;-)





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  • roseball
    05-02 02:09 PM
    It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....



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  • logiclife
    01-02 09:09 PM
    There is an analysis on the upcoming immigration bill in washingtonpost.com on the frontpage of online version of the paper. In BOLD.

    (This article is also crossposted on immigrationportal.com. Eventually I am going to cease posting there and post exclusively here)


    The article majorly deals with the politics of the immigration bill coming in Feb 2006 on both side of the aisle and people's opinion in general.

    There is no mention of legal immigration. None. Nothing. NADA. ZIP.

    Its all about illegal immigrants(mostly mexicans who jumped the fence on the southern border). And guess what?? Majority of America is against illegal immigration. And my fear is that the winds blowing against illegal kind of immigration will sweep us all in the same bundle and punish the LEGAL kind of immigration. Kind of like GUILT by association.

    Here is a quote from washingtonpost.com(Most read inside Washington DC)

    The Post-ABC News poll found that four in five Americans think the government is not doing enough to prevent illegal immigration, with three in five saying they strongly hold that view.

    The same poll found that 56 percent of Americans believe that illegal immigrants have done more to hurt the country than to help it, with 37 percent saying they help the country. About three in five Republicans and a bare majority of Democrats agreed that illegal immigrants are detrimental to the country.

    See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html

    My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

    1) Present Legally.
    2) Entered LEgally.
    3) Work legally.
    4) Pay their income taxes.
    5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
    6) Play by the rules, file petitions for work permits and for permenant residency.

    Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

    I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.





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  • Rayyan
    07-22 08:31 PM
    Hi,
    I don't have surname in my Passport my full name is given in " Given Names".
    so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
    IS it ok ? or does it create any problems while I go for visa stamping/interview.
    If I cannot put NA then what do I put in Surname column on D-156 and D-157.
    Thanks



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  • hitpauler
    04-21 12:37 PM
    Gurus,

    I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

    Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.





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  • chandra140
    08-28 11:09 AM
    Hi,

    Got some info reg my 140 issue.

    First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.

    Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.

    (My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)

    Got this response from my lawyer:
    we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.

    I am still wondering the USCIS will process my 140.



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  • americandesi
    08-11 03:44 PM
    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?





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  • LayoffBlog
    01-27 01:32 PM
    Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)



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  • aarzoo
    02-02 06:18 PM
    Thanks clockwork

    @fromnaija:

    Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.

    The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.

    If the above explaination is correct, I should be able to use the same labor.





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  • martinvisalaw
    02-23 06:10 PM
    so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________



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  • immi_2006
    10-23 12:23 PM
    If you are worrying about your GC costs then file it on your own. Its very easy. I filed 485 on my own along with EAD and AP. I got my receipt numbers, EAD, FP. I guess 140 needs to be filed my employer with help of Attorney. Or you can file with help of your employer.(i am not sure on this)





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  • sasimks75
    08-23 06:10 PM
    To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.



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  • sgorla
    02-23 02:38 PM
    I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.

    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?





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  • tnite
    07-26 03:16 PM
    Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure


    To be safe change her to H4



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  • chanduv23
    08-08 08:52 PM
    I'll be there and will try to bring friends.

    U definitely and and will :)





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  • Rb_newsletter
    01-25 08:42 PM
    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.





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  • glus
    12-09 12:47 PM
    AP could be mailed but the applicant MUST be in the USA at the time of application.

    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:

    My question:
    Can one apply for AP from overseas while AOS is still pending?

    Answer from Attorney:

    If the AOS is still pending you can do it yes. You can even have AP sent to
    overseas consulate. Then it is just called PAROLE lol, as they are not
    doing it in advance. Look at the I-131 and you will see about this and
    possibilities. It should talk about it in instructions.

    Best Regards,





    bipin
    03-18 01:33 PM
    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?

    when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).

    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.

    You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

    So tell me what is remaining beteween you and your ex-empoyer???
    So he cancelled your H1B and also your I-140 later.
    Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?





    LondonTown
    03-07 11:33 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.

    Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

    Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.



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