saileshdude
07-09 11:19 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
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lazycis
10-08 03:00 PM
I used affidavits and I-140 was approved. You should be more concern with education/prevailing wage requirements.
Sreenuuk
06-11 02:04 PM
I also have A number on my EB2 I-140 approval notice. The text says below
�The above petition has been approved. The petition indicates that the person whom you are petitioning is in the United States and will apply for adjustment status. He or she could contact local INS to obtain form I-485."
It doesn;t mean that we can apply right?
�The above petition has been approved. The petition indicates that the person whom you are petitioning is in the United States and will apply for adjustment status. He or she could contact local INS to obtain form I-485."
It doesn;t mean that we can apply right?
2011 Missing you Graphics.
GCBy3000
04-15 07:24 PM
Yes, I have seen people moving back to India even after getting GC. My own classmate moved backed to India inspite of having GC and got settled down with CTS.
Another relative of mine, having GC and bought 350K house in Miami, moved back to Oracle in India two years back.
Two others have also moved back during the GC process. I have couple already lined up and waiting for their turn to move back.
Most of my friends here are already well established in India. They have properties there and moreover it is cultural pressue and family pressure which makes them move back. There are some fellows who decide to stay here,but majority of them move back even after getting GC. THis is my personnal opinion with my experience with my friends.
Another relative of mine, having GC and bought 350K house in Miami, moved back to Oracle in India two years back.
Two others have also moved back during the GC process. I have couple already lined up and waiting for their turn to move back.
Most of my friends here are already well established in India. They have properties there and moreover it is cultural pressue and family pressure which makes them move back. There are some fellows who decide to stay here,but majority of them move back even after getting GC. THis is my personnal opinion with my experience with my friends.
more...
kshitijnt
05-08 05:09 PM
according to my attorney, you can get multiple 3 yr extensions based on approved I140 if your PD is not current.
same is also posted on FAQs of Rajiv Khannas website.
same is also posted on FAQs of Rajiv Khannas website.
rajenk
07-22 01:18 PM
I am listing out what exactly, I have done and my EB3 GC is still active without any trouble. My current employer filed for GC and they are about to file my I-140 in EB2 porting my EB3 PD.
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
more...
webm
04-24 04:06 PM
My PD is August 2001 EB3 INDIA. RD is June 15th 2007 and I am still waiting .
We are all on the same boat.. Hey Ram GC,myself,you etc....lets hope for the best and look fwd for May'08..April signs moving good..
----------------------
EB3-I PD Oct 1,2001
485 RD -June,2007 (TSC)
485 LUD -- after FP done..
We are all on the same boat.. Hey Ram GC,myself,you etc....lets hope for the best and look fwd for May'08..April signs moving good..
----------------------
EB3-I PD Oct 1,2001
485 RD -June,2007 (TSC)
485 LUD -- after FP done..
2010 We Miss You Quotes Time goes
sats123
06-19 06:23 PM
I think this is BS, I produced a letter that I got from India that I had MMR back in 2004. My doctor accepted it and said no need of MMR.
My doctor said that I need to take another MMR shot in the period of 60 days from now, thats the requirement for that vaccine. Has anyone heard the same?
My doctor said that I need to take another MMR shot in the period of 60 days from now, thats the requirement for that vaccine. Has anyone heard the same?
more...
anilsal
12-15 10:53 AM
Sometimes it has taken upto 6 months in Nebraska. Nebraska was processing 140s in 1 month, until USCIS started moving cases across service centres.
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vivekm1309
06-15 04:54 PM
The office seems to have completely ignored the legal immigration points made in my email and is focused on illegal immigrants only. Email was sent end of May 2007 - response came in today. See below
"Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are currently living in the United States. They�re working, paying taxes, and raising children who are U.S. citizens. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet during this period, hundreds of thousands of undocumented immigrants have entered the U.S. each year. Our immigration system is broken, and it is clear that border enforcement alone will not fix it.
After long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, we have developed a comprehensive immigration reform bill. The bill strengthens border security by increasing the number of border agents, building a border fence, using new technologies to monitor and enforce the border, and imposing higher penalties for workplaces that employ undocumented immigrants. The bill also contains a temporary worker program to help American businesses meet their employment. It addresses the millions of undocumented immigrants living in the United States by providing a means to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for greencards.
The bill is a realistic and comprehensive solution that will not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to earn legal status. It has already been discussed in the Senate once, and despite some setbacks, I hope we will be able to bring it back before the Senate for further debate and passage.
By heritage and history, America is a nation of immigrants, and we must preserve this tradition. Making necessary changes in our immigration laws will ensure that immigrant families today, as in the past, can continue to live the American dream and contribute to our prosperity, our security, and our values.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy"
So illegals pay taxes & H1-bs donot ...what a perception creation ...Now filing 485 so not bothered about this...but think about politiicans are politicians Bihar or Massechussets :)
"Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are currently living in the United States. They�re working, paying taxes, and raising children who are U.S. citizens. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet during this period, hundreds of thousands of undocumented immigrants have entered the U.S. each year. Our immigration system is broken, and it is clear that border enforcement alone will not fix it.
After long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, we have developed a comprehensive immigration reform bill. The bill strengthens border security by increasing the number of border agents, building a border fence, using new technologies to monitor and enforce the border, and imposing higher penalties for workplaces that employ undocumented immigrants. The bill also contains a temporary worker program to help American businesses meet their employment. It addresses the millions of undocumented immigrants living in the United States by providing a means to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for greencards.
The bill is a realistic and comprehensive solution that will not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to earn legal status. It has already been discussed in the Senate once, and despite some setbacks, I hope we will be able to bring it back before the Senate for further debate and passage.
By heritage and history, America is a nation of immigrants, and we must preserve this tradition. Making necessary changes in our immigration laws will ensure that immigrant families today, as in the past, can continue to live the American dream and contribute to our prosperity, our security, and our values.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy"
So illegals pay taxes & H1-bs donot ...what a perception creation ...Now filing 485 so not bothered about this...but think about politiicans are politicians Bihar or Massechussets :)
more...
Prashanthi
05-12 03:12 PM
The request for an offer of perm employment is obviously a mistake, not very uncommon for USCIS to makes such mistakes in the RFE. Since they are asking for the information from the date of last entry i would simply give them this information and not go into the details in the G-325 as long as the information that you give them does not conflict with the info in the G-325. With reference to not working on H-1, i need some more facts to give you a response, but if they do find out that you dint work, 245K might help.
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anilkumar0902
08-27 09:14 AM
When rules and details aren't so clear...it always helps to take legal advice. Ms.Murthy has given her opinion and it seems logical to me. One other thing that isn't clear is the length of "reasonable duration" as mentioned in her letter. It isn't clear anyways and some believe it is 6 months...some 1 year. Some folks believe that it might become an issue while applying for Citizenship..Again..it isn't very clear.
Bottom line...follow legal advice ..It is better to be safe than sorry.
Bottom line...follow legal advice ..It is better to be safe than sorry.
more...
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whitecollarslave
01-17 12:13 PM
Petitiononline site is a junk website.
It is a website of people who want to stay unknown and want to feel fake happiness that they have signed a petition. Who cares about fake signatures on that site. I can sign as Bill Gates or Tom Hanks or Julia Roberts on that site and nobody will know. I can even sign hundred times and make up numbers.
Those signatures are useless.
Only illegals should be using petiononline site or should be afraid of sending letters. Unless you suggest we are all illegals and overstayed or are without visas in this country.
Are you suggesting that the very idea of collecting signatures is useless or that websites like petitiononline are useless? or both?
I am not advocating using petitiononline. If fact I had never even heard of it until yesterday. I did NOT suggest we drop writing letters and collect signatures. We, as in IV community should write letters.
My point is that there are people (not IV members) out there who are willing to support our cause but are (at least in my opinion)understandably reluctant to write a letter to the President. Are you suggesting that support from these folks is no use to us? We need to tap into those people and provide them other options to support this cause besides writing a letter to the President.
Remember, the reason why undocumented workers are getting so much attention is not just because they are themselves writing letters and running campaigns. Its more so because they have strong support from people outside that community.
Websites like the one mentioned above maybe useless, and collecting signatures may not be the most effective way. But we ought to be more creative and find ways to get support in other ways. Suggestions?
It is a website of people who want to stay unknown and want to feel fake happiness that they have signed a petition. Who cares about fake signatures on that site. I can sign as Bill Gates or Tom Hanks or Julia Roberts on that site and nobody will know. I can even sign hundred times and make up numbers.
Those signatures are useless.
Only illegals should be using petiononline site or should be afraid of sending letters. Unless you suggest we are all illegals and overstayed or are without visas in this country.
Are you suggesting that the very idea of collecting signatures is useless or that websites like petitiononline are useless? or both?
I am not advocating using petitiononline. If fact I had never even heard of it until yesterday. I did NOT suggest we drop writing letters and collect signatures. We, as in IV community should write letters.
My point is that there are people (not IV members) out there who are willing to support our cause but are (at least in my opinion)understandably reluctant to write a letter to the President. Are you suggesting that support from these folks is no use to us? We need to tap into those people and provide them other options to support this cause besides writing a letter to the President.
Remember, the reason why undocumented workers are getting so much attention is not just because they are themselves writing letters and running campaigns. Its more so because they have strong support from people outside that community.
Websites like the one mentioned above maybe useless, and collecting signatures may not be the most effective way. But we ought to be more creative and find ways to get support in other ways. Suggestions?
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MLS
07-02 04:57 PM
Hi,
Thanks for being happy for me.
I know what you are going through.
The last 6years and 9 months have been an emotional rollercoaster for us.
I did suffer a lot over this.
But lately I reached a point where I was completely emotionally neutral about the outcome of the green card. We did what we were supposed to do for GC on time with highest priority but after the action was taken then I just let it go.
It is easier said than done, but being emotionally neutral does help a lot, it reduces your suffering but also provides you with mental clarity and energy to take most effective action in given circumstance.
Congratulations. I am very happy for you. Yes, we are having a bad time but you know what your news makes me happy. After what you have been through, I think you deserve to celebrate and enjoy the American Dream. Thank you for prayers and thoughts. We need it more than ever today.
Thanks for being happy for me.
I know what you are going through.
The last 6years and 9 months have been an emotional rollercoaster for us.
I did suffer a lot over this.
But lately I reached a point where I was completely emotionally neutral about the outcome of the green card. We did what we were supposed to do for GC on time with highest priority but after the action was taken then I just let it go.
It is easier said than done, but being emotionally neutral does help a lot, it reduces your suffering but also provides you with mental clarity and energy to take most effective action in given circumstance.
Congratulations. I am very happy for you. Yes, we are having a bad time but you know what your news makes me happy. After what you have been through, I think you deserve to celebrate and enjoy the American Dream. Thank you for prayers and thoughts. We need it more than ever today.
more...
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roseball
09-09 04:43 PM
Didn't pay much attnetion to grammer because of tension. But yes I did file concurrently and after changing the job after 180 days I had filed AC-21 through new attorney...
Then I think the RFE is about another employment verification letter from your current employer. It seems that your original GC sponsoring employer might have requested for 140 withdrawal which triggered the new RFE. Though we are supposed to file AC21 when we change employers, there is no defined process on the USCIS side to attach the AC21 paperwork to your file. So its not unusual to get an RFE in your scenario. Actually, you should consider yourselves to be fortunate to receive an RFE and not a denial notice instead. I have seen many people in the same scenario who received denial notices and had to go through MTR process to get their I-485s re-opened.
Then I think the RFE is about another employment verification letter from your current employer. It seems that your original GC sponsoring employer might have requested for 140 withdrawal which triggered the new RFE. Though we are supposed to file AC21 when we change employers, there is no defined process on the USCIS side to attach the AC21 paperwork to your file. So its not unusual to get an RFE in your scenario. Actually, you should consider yourselves to be fortunate to receive an RFE and not a denial notice instead. I have seen many people in the same scenario who received denial notices and had to go through MTR process to get their I-485s re-opened.
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raydhan
04-25 08:56 AM
According to Professor Freeman from Harvard.
Low skilled immigrants gain from America.
AMERICA GAINS FROM HIGH SKILLED IMMIGRANTS.
Low skilled immigrants gain from America.
AMERICA GAINS FROM HIGH SKILLED IMMIGRANTS.
more...
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chanduv23
03-27 06:35 AM
I have been hearing and reading about employres refusing to hire (or indirectly saying no) to EAD holder, once they come to know about EAD. For people with EAD (based on I140 + AOS), it is necessary to keep job, at least when they are supposed to be getting GC.
How people with EAD based on I140 + AOS can convince or address employer�s fear/inhibition to minimize such refusals?
1. Matching Skill and role of I140
2. Renewing EAD in time
...
...
More ideas
Such homework could be very much useful, while seeking job and will be helpful in educating and confidence building with employers.
This is a burning issue now. Lot of people are facing this. WHat is actually happening is employers are resisting any kind of complications they can avoid. Many employers do not want to get into immigration complications. There is another thread discussing this issue
http://immigrationvoice.org/forum/showthread.php?t=18108
I was talking to another dedicated IV member yesterday over the phone and we discussed the possibility that this could be contegious and every employer will now say "No EAD please" or say "This is top secret project and needs security clearance" or "We accept only Green card or Citizen"
Members must share their experiences. Try to get the employer info who says no to EAD.
This is what you can do.
(1) Never tell them you have EAD - just say green card
(2) Get all the information from the company and keep it.
(3) If you get employment - submit the EAD for i9 form.
How people with EAD based on I140 + AOS can convince or address employer�s fear/inhibition to minimize such refusals?
1. Matching Skill and role of I140
2. Renewing EAD in time
...
...
More ideas
Such homework could be very much useful, while seeking job and will be helpful in educating and confidence building with employers.
This is a burning issue now. Lot of people are facing this. WHat is actually happening is employers are resisting any kind of complications they can avoid. Many employers do not want to get into immigration complications. There is another thread discussing this issue
http://immigrationvoice.org/forum/showthread.php?t=18108
I was talking to another dedicated IV member yesterday over the phone and we discussed the possibility that this could be contegious and every employer will now say "No EAD please" or say "This is top secret project and needs security clearance" or "We accept only Green card or Citizen"
Members must share their experiences. Try to get the employer info who says no to EAD.
This is what you can do.
(1) Never tell them you have EAD - just say green card
(2) Get all the information from the company and keep it.
(3) If you get employment - submit the EAD for i9 form.
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leoindiano
07-31 12:24 PM
EAD, CODE2, 485, CODE3..
Ivy, you had a pending EAD application as well?
Ivy, you had a pending EAD application as well?
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rajsand
07-24 02:22 PM
USPS priority mail will have a tracking number.
I have done mine recently and has a tracking number.
I have done mine recently and has a tracking number.
cchaitu
07-11 01:42 PM
I am from Chicago...I am Intersted...Let us know the Time & Location
HV000
02-14 04:06 PM
Democrats are almost useless when it to came to LEGAL immigration. Atleast Republicans will do something for LEGAL immigration. Voting record during the CIR is a good evidence.