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  • belmontboy
    07-31 01:04 PM
    I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.

    a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.

    b. Do big companies like Infy, Wipro do this?

    c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..

    Please reply with ur inputs.

    Wipro doesnot sponsor GC's that much.





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  • Ramba
    05-30 04:09 PM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You can join Y either on H1 or EAD. It does not matter. In order you to get GC using AC21, the job offer from Y should be the similar occupation of what X sponsered you. That means it should be a managerial occupation. If Y offers you "not similar" occupation of X, your 485 may get denied, irrsepective of how you joined y (EADorH1). The bottomline is the new job should be similar to the LC job.





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  • skd043000
    02-09 08:46 PM
    what is NCR Region???

    Delhi-noida-gurgaon-etc area





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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.



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  • dilber
    06-13 08:02 PM
    I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.

    Hi Aah_GC
    I called all the representatives and I thought they were not taking down any thing and way it even useful. basically I was doubting like you did so to one of the aides I asked did he get down the numbers and he just repeated them right back. Also any further doubts I had are cleared now as I see a lot of reps we were targeting actually becoming co-sponsors to these bills. So I would suggest (and urge) you to definitely call every lawmakers in all the 2 calling items. I mean it can never hurt right??





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  • snalluri
    04-13 02:07 PM
    I think the bill becomes law immediately after president signs. But in case of states legislatures it has to wait 90 days after governor signs to become law.



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  • wandmaker
    08-11 06:45 PM
    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)





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  • logiclife
    12-01 03:33 PM
    The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)

    That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?

    But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).

    As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.



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  • ibbu_arif
    11-17 03:03 PM
    Thanks for your replies.
    Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.

    But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..

    "Are you referring to AP extension petition or the Original GC petition?"

    Any other opinions from other Gurus of the forum?

    I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
    Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.





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  • Raji
    09-16 10:20 PM
    Done!!!



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  • kramac01
    08-13 06:18 PM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.

    How to check the LUDs in USCIS website?





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  • tinuverma
    03-17 01:44 PM
    Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?

    There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.



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  • smisachu
    06-08 03:28 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks





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  • houston2005
    07-20 05:50 PM
    Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.

    Filing AP and EAD are very simple process and you can do it on your own.



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  • mhathi
    02-25 02:51 PM
    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.





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  • needhelp!
    08-31 12:38 AM
    Just like there can be no rally without IV members,
    There can be no (hypothetical) country without IV members



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  • peer123
    04-09 01:47 PM
    I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.

    I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.

    anyway, I think many have been helped. and I wish everyone the best...





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  • ksircar
    06-11 11:55 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    :mad:

    You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.





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  • mihird
    09-17 11:57 PM
    I will tell your first hand, the path to becoming a doctor is TOUGH...

    You will need a lot of brains to clear those USMLE exams
    You will need a lot of money to appear for those USMLE exams/residency interviews
    You will need a lot of patience since it takes a minimum of 2 years to be able to apply.

    Here's what you do.

    My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.

    1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
    Each one takes about 6 months of prep time and
    shoot for a score in the upper 80s or preferably 90s - very
    few people get such high scores..
    2. Then one needs to get a B2 visa to appear for Step 3
    Step 3 is only conducted in the US
    (You WILL need the Step 3 cleared for H1 sponsorship)
    Good luck getting that B2 - plenty of people are
    denied this B2 in India - if you can't get this B2, that's
    the end of the game.
    3. Once you clear all the steps you need to apply through ERAS
    for a nationwide match for residency.
    4. Spend hoardes of money to travel to each hospital that
    invites you to an interview.
    5. Wait for the ERAS match results to be out.

    If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..

    To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...





    dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.





    qasleuth
    09-17 11:37 AM
    Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.

    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Wrong and Wrong.

    Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.

    If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).

    Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)

    Here is a good read on the why's/what's

    Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)



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