pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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nozerd
04-13 11:35 AM
This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
saiimmi
01-18 10:49 AM
Come on everyone. I am sure every one needs change from the status quo for better. If we need change we have to be the element of change. Please send in your letters today. It should hardly take 15 minutes.
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apahilaj
12-04 09:05 AM
I just called USCIS today and the officer told me that they haven't scheduled our biometrics yet since they are overwhelmed with the applications. She said I should wait till next year.
Also inquired about my name check and she said that they've started it and it's still pending...
Only option is to wait it out as always...
Also inquired about my name check and she said that they've started it and it's still pending...
Only option is to wait it out as always...
more...
tanu_75
07-29 05:44 PM
:D
Oh ,yes is my dream to move in India or China:D, wait for that, I will let you know.
well this is your time. with eb3 row 2009, you probably are in wait for at least 5 years. Anyway the point is, no country would be stupid enough to stop great talent from coming through to satisfy it's diversity policy. When you are talking about 0.14 million immigrants for a nation of 300 million, that's less than 0.05%. So please take your diversity argument with you and don't let the door hit you on your way out. For this miniscule percentage, the US will lose out on thousands of the best Indian and Chinese engineering/science talent. US's loss, India/China's gain. If this is not an example of an extremely stupid strategic policy then I'm not sure what is.
Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.
Oh ,yes is my dream to move in India or China:D, wait for that, I will let you know.
well this is your time. with eb3 row 2009, you probably are in wait for at least 5 years. Anyway the point is, no country would be stupid enough to stop great talent from coming through to satisfy it's diversity policy. When you are talking about 0.14 million immigrants for a nation of 300 million, that's less than 0.05%. So please take your diversity argument with you and don't let the door hit you on your way out. For this miniscule percentage, the US will lose out on thousands of the best Indian and Chinese engineering/science talent. US's loss, India/China's gain. If this is not an example of an extremely stupid strategic policy then I'm not sure what is.
Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.
Gravitation
04-16 08:39 AM
I was at one of my congresswoman's office yesterday. She gave us lots of advice on how to promote our message.
Post that advice here.
Post that advice here.
more...
EkAurAaya
10-11 04:30 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
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illinois_alum
10-02 04:40 PM
Thx so much I got it..
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
Yes - you should enter PAROLEE as status if you last entered the US on an AP document
For the "Class of ADmission" - if I have entered US on AP, do I enter "Parolee"
Yes - you should enter PAROLEE as status if you last entered the US on an AP document
more...
pyrosleepy
07-31 09:59 AM
I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?
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shreekhand
04-14 08:14 PM
Now, it is certainly ridiculous for you and your spouse to renew your drivers license's every 6 months...
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...
Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
more...
veereddy
07-13 04:32 PM
Congratulations, your long journey was inspirational to stay positive. Thank you!
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vdlrao
06-04 06:08 PM
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
more...
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isantem
07-29 05:10 PM
In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
:D
Oh ,yes is my dream to move in India or China:D, wait for that, I willl let you know.
:D
Oh ,yes is my dream to move in India or China:D, wait for that, I willl let you know.
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bskrishna
03-18 10:01 AM
I think most ppl who sent a letter to white house should have sent to IV as well. So a count of letter that IV received should give us a good idea of how many ppl sent letters out...
more...
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anura
04-29 03:47 PM
Sure. I guess most of us would rather worry about such stuff on a weekend, considering our immigration options here.
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
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nrk
10-26 09:08 PM
Hi i just checked my 140 online status is shows,
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
more...
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Shirdibaba
11-03 04:22 PM
Yes,it was 10/15 when we called the center.
the agent id is XM0161
Is the ID same for all?
I am trying to get the appt wt infopass through my lawyer.Hope he will not have to accompany us then.
ALSO Guys, what are the docs u took for the appt wt the officer?
Was there any specific questions?
thanx again.we were so worried all this while.till i read ur thread.
the agent id is XM0161
Is the ID same for all?
I am trying to get the appt wt infopass through my lawyer.Hope he will not have to accompany us then.
ALSO Guys, what are the docs u took for the appt wt the officer?
Was there any specific questions?
thanx again.we were so worried all this while.till i read ur thread.
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pointlesswait
11-25 04:44 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
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saileshdude
02-22 03:47 PM
Hi,
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
syzygy
07-10 08:03 AM
May be we want to expose him on something like YouTube.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
imh1b
04-29 12:59 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
You guys only see your greencard hidden in every news story. At least you did not write now people will get more soft LUD because this deal fell through.
The US India relationship will now get better.
For once some Indian politician thought sensibily about India's interest.
Read this news UPDATE 1-US to supply Pakistan with 85 mini-drones | Reuters (http://www.reuters.com/article/2011/04/21/usa-pakistan-drones-idUSLDE73K1TB20110421)
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
You guys only see your greencard hidden in every news story. At least you did not write now people will get more soft LUD because this deal fell through.
The US India relationship will now get better.
For once some Indian politician thought sensibily about India's interest.
Read this news UPDATE 1-US to supply Pakistan with 85 mini-drones | Reuters (http://www.reuters.com/article/2011/04/21/usa-pakistan-drones-idUSLDE73K1TB20110421)