desi3933
09-17 09:09 AM
.....
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
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ronnie0479
07-10 06:24 PM
On June 9th, CIS provided the required data to VO. ????
I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.
I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.
prom2
10-30 08:25 AM
My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.
I haven't received them yet.
Thank you.
I haven't received them yet.
Thank you.
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trueguy
07-17 11:06 AM
Admin should have closed this thread by now.
Thanks.
Thanks.
more...
nethawk119
10-10 02:11 AM
TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.
cool_desi_gc
08-10 11:15 AM
Guys please dont make such comments and scare everyone...There is no rule that that address shud match the address in ur 485 application.USCIS is not so dumb to look at the address on each of the check.No one ever in this country will ever validate the address on checks...no worries guys
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immi_enthu
08-28 10:14 AM
what do u mean by approved labor not signed??
Labour approval is approved by DOL .
It needs to be attached to 140 application.
140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
485 is to signed by you or by attrnoney in case a G 28 is signed by you
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
please see the above quote by kaiserose
Labour approval is approved by DOL .
It needs to be attached to 140 application.
140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
485 is to signed by you or by attrnoney in case a G 28 is signed by you
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
please see the above quote by kaiserose
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reverendflash
10-21 02:22 AM
in a round about way, I'm a deadhead went to 23 shows in 16 months, backstage for 19 of them, kinda hard not to be at that point...
::crosses legs, goes into meditative state::
and yes, that was my first attempt at freehand drawing (albeit on sugar), and when I had my artistic epiphany... :P
Rev:elderly:
::crosses legs, goes into meditative state::
and yes, that was my first attempt at freehand drawing (albeit on sugar), and when I had my artistic epiphany... :P
Rev:elderly:
more...
GCin2050
07-10 05:33 PM
Great,
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
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Marphad
01-08 02:49 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
Keep the fingers crossed :)
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
Keep the fingers crossed :)
more...
zofa30
09-13 02:16 PM
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
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kate123
06-17 01:42 PM
As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.
good luck
good luck
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Sampath7768
10-15 01:40 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
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Krilnon
11-20 03:06 PM
It's fairly likely, since the judges will have made their selections before the weekend. I guess it depends on what Kirupa has planned for the weekend. :sure:
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mashu
05-28 04:58 PM
Hi everybody,
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
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abuddyz
02-01 08:58 AM
i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)
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vjkypally
08-19 10:38 AM
That way we can keep people who have got GC's connected to this site.
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akhilmahajan
02-23 01:40 PM
I am just curious, Are you worried about your salary going down or filing AC-21.
There are always risks involved. Its your choice what you want to do. I will request you to understand how the system works, so that when folks around here suggest you something, you can evaluate the choices based on your knowledge also.
If you think you can find a good job, then i will say keep on looking for it. Meanwhile stick with your company and see if things improve. In the end its your personal choice, as you are the one who needs to set your priorities. Also, if you can let us know your PD, then i am sure people can suggest you in a much better way.
Also, i will really appreciate if you can update your information for the tracker.
Also, please be patient and lets not use abusive language, as it is not going to help anyone.
Thanks a lot.
GO IV GO. TOGETHER WE CAN.
There are always risks involved. Its your choice what you want to do. I will request you to understand how the system works, so that when folks around here suggest you something, you can evaluate the choices based on your knowledge also.
If you think you can find a good job, then i will say keep on looking for it. Meanwhile stick with your company and see if things improve. In the end its your personal choice, as you are the one who needs to set your priorities. Also, if you can let us know your PD, then i am sure people can suggest you in a much better way.
Also, i will really appreciate if you can update your information for the tracker.
Also, please be patient and lets not use abusive language, as it is not going to help anyone.
Thanks a lot.
GO IV GO. TOGETHER WE CAN.
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sundeep14
10-29 01:00 PM
I checked my current labor certification. it has the following details :
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
ajaypr
04-13 11:25 AM
You can open up an IRA account with any of the brokerage firms like Scottrade, Fidelity or Ameritrade. You usually open up an IRA account first on their website or by visiting their offices in your area. Then contact your company's 401K provider to transfer your 401K amount to the new account directly. They usually would sent you a check in the name of your brokerage firm like Fidelity.As far as I know the check cannot be in your name coz then the IRA would tax the 401k amount and also charge an early withdrawal penalty.So make sure they transfer it directly to the brokerage firm. If things are not clear, you can always contact the customer service of your brokerage firm to help you or walk you through.But I also found that many times the customer service people are not up to the mark and may even provide you with wrong advice. So its better you call several times and speak with different customer service people at the brokerage firm and verify all the information.
I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.
Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.
Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
Prashanthi
07-30 06:25 PM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
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