vghc
07-25 11:04 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
wallpaper love heart broken wallpapers.
pcs
06-18 08:31 PM
Can we send official letter ( with all sad stories ) from IV and we can call these guys on behalf of IV
http://moia.gov.in/showinfo1.asp?linkid=482
Let us try to give these guys some job....
http://moia.gov.in/showinfo1.asp?linkid=482
Let us try to give these guys some job....
diptam
08-10 10:34 AM
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
2011 wallpaper heart broken.
bbct
04-22 11:00 AM
I copied your content to post on the whitehouse.gov website. Thank you.
Emailed the same also to my local Congresswomen.
Posted the letter to whitehouse address with the following contents:
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.
My requests to you are:
1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)
I believe in President's slogan "Yes, we can!"."
Emailed the same also to my local Congresswomen.
Posted the letter to whitehouse address with the following contents:
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.
My requests to you are:
1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)
I believe in President's slogan "Yes, we can!"."
more...
ireddy
05-31 10:58 AM
Done
rdehar
07-17 10:38 AM
Sorry But please tell me how to do this?
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
In IE, goto: Tools > Internet Options > (Temp Internet files) Delete Files > Ok
Do same for "Delete Cookies" and then "Clear History"
In Firefox: Tools > Clear Private Data > Check all boxes > Ok
This should do it ...
more...
brawn81
01-14 10:08 AM
Transit visa is needed for indian citizens who are travelling with AP and without visa through lufthansa/Germany.
Here is my conversation with German embassy.
Exception Number 3 apply to you. So that means that you need to apply
for an airport transit visa.
Kind regards,
>
> Visa Department
> German Consulate General
> 871 United Nations Plaza
> New York, NY 10017
> visa@newy.diplo.de <mailto:visa@newy.diplo.de>
>
> German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
>
xx schrieb am 13.01.2011 18:45 Uhr:
> Thanks for the quick reply. I have valid employment authorization card
> for the U.S, valid Advance parole paper (512-L, Authorization for
> parole of an Alien Into the United States. as mentioned in exception 3.
>
> Can you confirm that I dont need transit visa.
>
> /Thanks,/
> /xx./
>
>
>
>
> > Date: Thu, 13 Jan 2011 13:36:31 -0500
> > From: xx@newy.auswaertiges-amt.de
> > To: xx@hotmail.com
> > Subject: your inquiry
> >
> > Dear xx,
> >
> > thank you for your inquiry.
> >
> > As a citizen of India you are required to apply for an airport transit
> > visa. However, there are certain exceptions to this rule. The
> exceptions
> > are listed in the section on Airport Transit Visa on our website
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa> . (The direct link
> > is:
> >
> German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
>
> > )
> >
> > *_Please note the following further explanations:_*
> >
> > *_ _*
> >
> > *Exception 1)* �If they hold a valid visa for the United States of
> > America� � this means that the U.S. visa stamp in your passport must be
> > still valid on the day of your airport transit
> >
> > _ _
> >
> > *Exception 2)* �If they return from the USA after having used the visa�
> > � this means that the
> >
> > the U.S. visa stamp in your passport must be still valid on the day of
> > your airport transit, OR that the visa has expired within the last 3-4
> > days. If the U.S. visa in your passport has expired for longer that 3-4
> > days ago, you are required to obtain a transit visa. __
> >
> > *Exception 3) *All travelers holding a
> >
> > - valid Approval Notice (I 797)
> >
> > - valid I 94
> >
> > - valid employment authorization card for the U.S.
> >
> > - valid Advance parole paper (512-L, Authorization for parole of an
> > Alien Into the United States, )
> >
> > also *have to apply for an airport transit visa* according to European
> > Union legislation, as those documents are not listed under exception 3.
> >
> > Applicants are required to submit their application in person at our
> > Consulate. You may find a list of required documents at
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>. Please schedule a
> > visa appointment online at German Missions in the United States - Address, Contact, Hours (http://www.germany.info/nyappointment)
> > <http://www.germany.info/nyappointment> prior visit at our Consulate.
> >
> > The visa processing time for Indian Nationals takes approx. 2 business
> > days.
> > For a postage fee of $19 we may mail your passport back via FedEx once
> > the visa has been processed.
> >
> > Kind regards,
> >
> > Visa Department
> > German Consulate General
> > 871 United Nations Plaza
> > New York, NY 10017
> > visa@newy.diplo.de <mailto:visa@newy.diplo.de>
> >
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
> >
> >
> >
> >
Here is my conversation with German embassy.
Exception Number 3 apply to you. So that means that you need to apply
for an airport transit visa.
Kind regards,
>
> Visa Department
> German Consulate General
> 871 United Nations Plaza
> New York, NY 10017
> visa@newy.diplo.de <mailto:visa@newy.diplo.de>
>
> German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
>
xx schrieb am 13.01.2011 18:45 Uhr:
> Thanks for the quick reply. I have valid employment authorization card
> for the U.S, valid Advance parole paper (512-L, Authorization for
> parole of an Alien Into the United States. as mentioned in exception 3.
>
> Can you confirm that I dont need transit visa.
>
> /Thanks,/
> /xx./
>
>
>
>
> > Date: Thu, 13 Jan 2011 13:36:31 -0500
> > From: xx@newy.auswaertiges-amt.de
> > To: xx@hotmail.com
> > Subject: your inquiry
> >
> > Dear xx,
> >
> > thank you for your inquiry.
> >
> > As a citizen of India you are required to apply for an airport transit
> > visa. However, there are certain exceptions to this rule. The
> exceptions
> > are listed in the section on Airport Transit Visa on our website
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa> . (The direct link
> > is:
> >
> German Missions in the United States - Transit Visa Country List (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html)
>
> > )
> >
> > *_Please note the following further explanations:_*
> >
> > *_ _*
> >
> > *Exception 1)* �If they hold a valid visa for the United States of
> > America� � this means that the U.S. visa stamp in your passport must be
> > still valid on the day of your airport transit
> >
> > _ _
> >
> > *Exception 2)* �If they return from the USA after having used the visa�
> > � this means that the
> >
> > the U.S. visa stamp in your passport must be still valid on the day of
> > your airport transit, OR that the visa has expired within the last 3-4
> > days. If the U.S. visa in your passport has expired for longer that 3-4
> > days ago, you are required to obtain a transit visa. __
> >
> > *Exception 3) *All travelers holding a
> >
> > - valid Approval Notice (I 797)
> >
> > - valid I 94
> >
> > - valid employment authorization card for the U.S.
> >
> > - valid Advance parole paper (512-L, Authorization for parole of an
> > Alien Into the United States, )
> >
> > also *have to apply for an airport transit visa* according to European
> > Union legislation, as those documents are not listed under exception 3.
> >
> > Applicants are required to submit their application in person at our
> > Consulate. You may find a list of required documents at
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>. Please schedule a
> > visa appointment online at German Missions in the United States - Address, Contact, Hours (http://www.germany.info/nyappointment)
> > <http://www.germany.info/nyappointment> prior visit at our Consulate.
> >
> > The visa processing time for Indian Nationals takes approx. 2 business
> > days.
> > For a postage fee of $19 we may mail your passport back via FedEx once
> > the visa has been processed.
> >
> > Kind regards,
> >
> > Visa Department
> > German Consulate General
> > 871 United Nations Plaza
> > New York, NY 10017
> > visa@newy.diplo.de <mailto:visa@newy.diplo.de>
> >
> > German Missions in the United States - Visa (http://www.germany.info/visa) <http://www.germany.info/visa>
> >
> >
> >
> >
2010 Broken Heart
desi3933
07-19 04:55 PM
Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
more...
venkygct
09-03 03:38 PM
^^^^^^^
hair Heart, Broken
nc_sekar_415
01-27 04:08 PM
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
more...
dtekkedil
07-06 03:34 PM
Yes!
hot wallpaper heart broken.
k_ek
12-06 02:30 AM
I closed my PPF account twice and never paid a single paisa. The second one I closed when I was in US and got the forms here through my old employer and Signed and send those form back to that employer , they filed it, Don'y know if they attached "NOC" but I got all of my money (close to INR80K) in 2 or 3 weeks at my home address in India.
I guess no one needs to pay money for to PPF in any state all you need tyo do is follow the proper instructions, It's as good as in any bank.
Dear friend
my money is also stucked in PPF a/c.
Can u tell me how can proceed to clse my a/c there and get my money at my home add.
thanks
kek
I guess no one needs to pay money for to PPF in any state all you need tyo do is follow the proper instructions, It's as good as in any bank.
Dear friend
my money is also stucked in PPF a/c.
Can u tell me how can proceed to clse my a/c there and get my money at my home add.
thanks
kek
more...
house heartbroken poems quotes.
Deepika
08-07 07:00 PM
>Suresh.mails
The best option would be (1) F-1 (2) H-1 (however both would take time).
I suggest you discuss this with your future wife as it is a decision and effort from both of you to go through the next process.
The best option would be (1) F-1 (2) H-1 (however both would take time).
I suggest you discuss this with your future wife as it is a decision and effort from both of you to go through the next process.
tattoo wallpaper heart broken.
India_USA
07-08 09:08 AM
Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.
agree with you..........
need a few more things to go wrong before the fed really wakes up and does something right this time around!!
agree with you..........
need a few more things to go wrong before the fed really wakes up and does something right this time around!!
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pictures wallpaper heart break. love
lc1978
05-30 12:37 AM
:)
dresses Emo Heartbroken Wallpapers for
shantak
03-25 08:40 AM
Hello guys,
I want to know if IV is in support of the STRIVE Bill or not. Should we ask the congressmen to vote for it or no? Your help is appreciated
Thanks
I want to know if IV is in support of the STRIVE Bill or not. Should we ask the congressmen to vote for it or no? Your help is appreciated
Thanks
more...
makeup Broken Heart WallPaper by
thomachan72
05-18 12:39 PM
we should also include professional qualifications aquired in the US and not just MS or PhDs.
girlfriend Red heart broken Picture
Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
hairstyles Broken Heart .jpeg
wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
rajmirk
05-25 12:31 PM
You are not the only one. I have been waiting for my GC for 8 years now and it is nowhere in sight! I took the plan B (Canada) and became a PR there (it tookj just over a week, without the need for a job and without me leaving the USA, except to "land" there as the final step). Canada is not as bad as people may think. It looks just like the US, in many cases people are way nicer, multiculturalism is encouraged and enshrined in the Canadian constitution (as opposed to assimilation in the U.S.) and you have free healthcare and free social security for life, whether you are employed or not. Finally Canada has consistently ranked as one of the very top places to live worldwide (ranges from 1-5, it is 3rd this year, with U.S. in like #8) and there is so much to do there. Anyway, for a plan B, Canada is quite honestly pretty damn nice.
Trust me buddy - Canada is no heaven. If not USA, lets go back to our home-country - its way, way better. I have worked in Canada for a while (Montreal) and can tell you that it is no America. Not the standard of living, Not the technology, not the people, ofcourse not the weather :-) Just my 2 cents.
Trust me buddy - Canada is no heaven. If not USA, lets go back to our home-country - its way, way better. I have worked in Canada for a while (Montreal) and can tell you that it is no America. Not the standard of living, Not the technology, not the people, ofcourse not the weather :-) Just my 2 cents.
zen
03-26 10:11 PM
In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
In one word - YES !!! the DL office in georgia would not renew my license even 1 day early ..my old EAD was expiring in 6 days and I had my new EAD in hand. went to DL office and asked them to renew ..they said come when old license expires ,,I said I would need to take a holiday just for renewal - they said - not our problem.
I said - I would be driving on expired license when I come to DL office ..they said talk to immigration ..I said do you know legal immi and USCIS is broken :)
I told my manager ...these guys cannot even add 2 plus 2 ...(old ead expiring on 5th and new one starting from 6th )
In one word - YES !!! the DL office in georgia would not renew my license even 1 day early ..my old EAD was expiring in 6 days and I had my new EAD in hand. went to DL office and asked them to renew ..they said come when old license expires ,,I said I would need to take a holiday just for renewal - they said - not our problem.
I said - I would be driving on expired license when I come to DL office ..they said talk to immigration ..I said do you know legal immi and USCIS is broken :)
I told my manager ...these guys cannot even add 2 plus 2 ...(old ead expiring on 5th and new one starting from 6th )