WFGC2006
02-15 10:53 AM
has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
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abd
04-07 05:20 PM
I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.
apahilaj
09-28 03:27 PM
Singhsa,
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
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mbawa2574
08-08 08:12 AM
See the question on i485:-
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
more...
rajivkumarverma
10-16 08:49 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
kirupa
02-08 03:17 PM
All right - congrats to IamTheJuggler, Enebreus, and freeskier89 for having created the Top 3 entries!!!!
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sammyb
02-13 02:49 PM
read it ...
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GCaspirations
09-22 10:03 AM
Looks like our cases are stuck somewhere because of these transfers and donot know how long will it take to come in the streamline.
more...
Shujaat
05-14 02:21 PM
Hi
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Shams
10-24 03:04 PM
Axilleus,
My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).
My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).
more...
Rsamuga
07-16 03:03 PM
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
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chanduv23
04-01 01:34 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
more...
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H1Girl
08-16 07:19 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
Fire your Paralegal, if you can...
Fire your Paralegal, if you can...
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mrajatish
06-18 05:55 PM
Exactly the same as mine (except that I needed to copy whole passport)
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Green06
09-05 10:28 AM
I am in the same boat. No 485 receipts for me or my wife. Got EAD and AP receipts only for myself. 485 filled at NSC on July 2nd. EAD and AP also filled at NSC but on Aug 15, 2007. I think NSC is still data entering July 2nd cases.
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Ann Ruben
07-22 10:23 AM
Select #1-FOIA. You do not need to complete part 6.
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vijayam
09-15 05:34 PM
Thank you for the reply.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
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Tommy_S
05-12 12:25 PM
Choice of fonts is poor. :hat:
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Munna Bhai
11-09 05:55 AM
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
dealsnet
02-24 08:57 AM
Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
All other process takes time. This will take less than 2 weeks.
My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC
All other process takes time. This will take less than 2 weeks.
My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC
rcauvery
10-02 03:21 PM
Like I mentioned in my earlier post, after extensive research we found the best deal for ppl in H1 at https://www.accessgroup.org/AppSecure/Loan_Terms/federal-private-loan-terms.aspx
PS - This is in no way a promotion for accessgroup, I am just sharing the result of our several hours of research.
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
PS - This is in no way a promotion for accessgroup, I am just sharing the result of our several hours of research.
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
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