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ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
wallpaper Hugh Hefner: No Prenup for
anu_t
07-29 03:55 PM
wizkid , You are absolutely right. Reading your story is just a great inspiration.
BharatPremi
03-17 10:35 AM
EB3-India
PD: July 2003
EAD-AP approved, FP done
PD: July 2003
EAD-AP approved, FP done
2011 Hugh Hefner Wedding Lifetime
jungalee43
01-22 11:53 AM
Army honors its fallen heroes post-thumously.
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
more...
calgirl
07-20 02:40 PM
you don't need PD's to be current to apply for interim benefits like EAD/AP
Thanks WeShallOvercome. I panicked for a few minutes. :)
Thanks WeShallOvercome. I panicked for a few minutes. :)
smalgin
04-21 11:20 AM
I cannot attend, but only because I am far away geographically. (LA Area)
Please tell Mr. Gutierrez that I support Title 5 of STRIVE Act.
Please tell Mr. Gutierrez that I support Title 5 of STRIVE Act.
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pani_6
01-16 05:14 PM
Its like a mirroe image for many of us..The point it dont sell your soul for GC..its not worth it..there are other things important in life like family and parents and health..plan well..
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
2010 Hefner, soon to be 85,
nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
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bheemi123
10-03 01:30 PM
need to know the process of conversion of L1 to H4
apply transfer for change of status...
apply transfer for change of status...
hair Playboy#39;s Hugh Hefner and
delhiguy
07-09 04:20 PM
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
__________________
Not a legal advice.
Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
more...
sandiboy
07-23 05:42 PM
I saw a guy on who mailed appln on Jun 27th & got receipt notice for 07/18. Does it mean we are close and should expect some guys to get notices this week for Jul 2 cases ??
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
hot Hugh Hefner, born on April 9,
hibworker
05-23 05:52 PM
You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
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house 15/6/2011 12:16. Hugh Hefner#39;s
GreeNever
06-13 11:22 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
tattoo comNow that Hugh Hefner#39;s
sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
more...
pictures Mar 23, 2011 · Hugh Hefner #39;s
cowboy
07-18 11:14 AM
My case was sent by my attorney June 29th (current July bulletin) USPS certified mail.
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that’s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that’s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
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pcs
04-20 03:20 PM
Pl. send me the contact tel nos & names
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HV000
03-18 06:18 PM
Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".
When they use this spill over, only PD is imp not the country.
This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?
When they use this spill over, only PD is imp not the country.
This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?
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spicy_guy
07-12 05:56 PM
:)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
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crazyghoda
02-13 02:50 PM
All,
Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.
Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.
Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.
Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, 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; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, 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; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
gvenkat
10-10 12:57 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
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