kumar1
01-30 02:05 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
STOP THIS NON-SENSE.......
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royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
CADude
08-01 04:58 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
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EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
more...
summerof98
06-11 04:57 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
girishvar
11-21 07:51 AM
I pray for you and your family. Please go and meet your US Senator from your state. They might be able to sponsor a private bill for your wife. Dont loose hope and fight. God will help you.
more...
nozerd
05-04 07:32 AM
Khodalmd
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
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abhijitp
01-24 08:01 PM
People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
more...
arung
08-13 11:23 AM
True, like I still have a EDD letter talks about my first case for GC was filled on Aug. 2001 as wanted to immigrant but what is the use, as I have to file new one as even if I have transferred my employment to my parent companies client, USCIS has no rule to transfer labor process or priority dates until has approved i140, they requires to file new one which surly takes time. And I am sure mostly people completed even 10 years of working waiting for GC have the same issue.
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vaishnavilakshmi
11-22 04:05 AM
Mehul,
Sorry to know about ur health issue.As some one in forum mentioned,u could approach the best doctor first and get your treatment done.Greencards etc are secondary when there could be a better way to survive.
we pray for u and ur family,
wish u all the best,
vaishu
Sorry to know about ur health issue.As some one in forum mentioned,u could approach the best doctor first and get your treatment done.Greencards etc are secondary when there could be a better way to survive.
we pray for u and ur family,
wish u all the best,
vaishu
more...
sina
08-26 11:02 AM
My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?
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cbpds
02-01 01:37 PM
If you were "scared to use the AC21", why not use it now, anyways ur ready to go back to India, what will u do with GC once u get it anyways?
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
more...
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SunnySurya
08-18 01:17 PM
Again folks! please think hard, what can be done ???? (other than filling lawsuits)
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raju123
07-03 08:51 AM
I agree, it should start as soon as possible. Delay will kill the impact.
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
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trueguy
07-28 09:54 AM
With EB2 getting all the spillovers, there is no per country limit for any category except EB3-I. Why?
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potatoeater
05-08 05:06 PM
http://immigrationvoice.org/forum/showpost.php?p=333828&postcount=6
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
more...
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jindhal
09-23 05:09 PM
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.
The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.
Porting is a right justice served. Of course, not everybody are eligible for that.
You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.
The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.
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ilikekilo
05-23 07:44 AM
SENT emails to all jsut now...Thanks IV for putting this 4 us. good luck 4 us
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gc28262
03-06 04:36 PM
What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
mirage
07-08 11:01 AM
People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
if it takes 2 or 3 years to fight this case, what is the use
if it takes 2 or 3 years to fight this case, what is the use
EB3_SEP04
08-14 02:35 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
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