wandmaker
08-14 06:37 PM
I have received the cards in today's' mail. It has been almost a decade in green card journey. My support for IV and fellow IVans will remain the same. Thank you all for the wishes.
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mps
08-15 05:02 PM
You need to read AC21 carefully
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
GCBoy786
09-14 05:06 PM
We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
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sushilup
08-22 11:02 AM
i APPLIED ON 7th July...
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
more...
weasley
10-20 06:06 PM
I think you have got knowledgable response.
1. It is illegal to work on H4.
2. Your wife is OOS.
3. You need a good lawyer.
You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.
Still looking for a knowledgeable response specifically to the questions asked.
1. It is illegal to work on H4.
2. Your wife is OOS.
3. You need a good lawyer.
You cannot expect better response than these unless you are expecting IV members to suggest some illegal ways to overcome your situation (if you are truly in that situation). I am sure you are not going to get any response than above as IV stands for Legal Immigration.
Still looking for a knowledgeable response specifically to the questions asked.
AJT
10-08 08:29 PM
Filed @ NSC, Rec'ed 07/27/07
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
more...
rameshvaid
03-12 09:45 PM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
congrats.. enjoy the freedom and keep praying for others in line..
RV
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sriramkalyan
01-03 01:24 PM
Just contributed $20 ..
Will do monthly all through the year 2007.
Will do monthly all through the year 2007.
more...
bikram_das_in
10-20 06:15 PM
Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.
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TomPlate
02-03 02:54 PM
I am going to travel to India.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
more...
bluekayal
03-03 02:22 PM
It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
hot Rolls Royce Phantom ~ The Car
indyanguy
11-14 09:07 AM
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
more...
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hibworker
07-15 05:37 PM
Hand in all I-94 that are in your possession since last entry in to US.
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gc2
09-23 11:11 AM
i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.
thanks
thanks
more...
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hebron
08-10 10:15 AM
Suggestions....anybody? ^^^^
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raj3078
04-27 11:08 AM
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
more...
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d100763
06-22 09:26 PM
VDAMINATOR!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Touch�...:smirk:
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Touch�...:smirk:
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mk26
05-27 08:28 AM
Looks like this is another bigger issue after our green card issue. Can we do something about this?
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anilsal
01-20 08:56 PM
A passport is provided to an individual as a sign of his citizenship.
I wonder why they are doing 1 year passports.
I wonder why they are doing 1 year passports.
Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
meridiani.planum
09-21 02:15 PM
sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area
proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.
Check ziprealty.com
proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.
Check ziprealty.com
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