GCNirvana007
10-10 01:33 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?
No how about carry the documents which is required by LAW rather your criminal suggestion?
Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.
No how about carry the documents which is required by LAW rather your criminal suggestion?
Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.
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alisa
01-27 11:25 AM
Man....
That will screw the ROW (where I am from) up like India.
I hope we can increase visa numbers for all instead. I will be soo soo sad if per country caps are removed without an increase in visa numbers. :(
(And you guys will be just a little little happier.) :)
I went back and reread the July 2001 Bulletin.
How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.
Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?
That will screw the ROW (where I am from) up like India.
I hope we can increase visa numbers for all instead. I will be soo soo sad if per country caps are removed without an increase in visa numbers. :(
(And you guys will be just a little little happier.) :)
I went back and reread the July 2001 Bulletin.
How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.
Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?
gc_aspirant_prasad
06-22 04:46 PM
My attorney didnt ask for DL copies, but did require color copies of passport.
Guess, its different with each lawyer based on their experience.
Guess, its different with each lawyer based on their experience.
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GreenLantern
02-15 09:19 PM
Jesus man, that is sick!
I don't think I can keep up with you guys.
I don't think I can keep up with you guys.
more...
coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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gondalguru
07-11 02:03 PM
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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mrdelhiite
07-23 02:41 PM
Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?
it is the ONLY requirement for 485 from employer. Please talk to your lawyer as your application can be rejected due to insufficient initial documents.
-M
it is the ONLY requirement for 485 from employer. Please talk to your lawyer as your application can be rejected due to insufficient initial documents.
-M
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satishku_2000
08-15 04:30 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
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lkapildev
02-20 03:37 PM
Dude. I am *so* not Ron Gotcher. :)
He was rushing and didn't give me any specifics for EB-3 India.
You should respect his opnion & valuable comments. WHatever he says make senes. I belive him.
He was rushing and didn't give me any specifics for EB-3 India.
You should respect his opnion & valuable comments. WHatever he says make senes. I belive him.
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grinch
03-11 04:15 PM
Here's my entry with wire :
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sodh
07-23 03:56 PM
I had same conversation with my lawyer, got reply as since I-140 is approved recently so don't have to include. Already I-485 applied without employer letter. Please suggest what other options do I have.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
more...
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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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psaxena
05-26 07:10 PM
I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
more...
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tooclose
07-12 06:59 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
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imneedy
05-06 08:03 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....
I second that
I second that
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abhijitp
07-24 06:08 PM
Only the ones who were on OPT.
No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.
No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.
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zuhail
03-11 09:27 PM
Before starting new fund raising...do you consider to contribute for the current drive.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
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waitnwatch
04-07 07:25 PM
.... One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. ...
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
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
gccube
04-08 02:27 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
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