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qplearn
11-24 11:02 AM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
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jetflyer
07-02 09:31 AM
IV core may or may not support this because it is different path then what IV core is working since long.
And Yes online petitions takes more to make impact
but it doesn't hurt to try
So I am with you .....Support!
And Yes online petitions takes more to make impact
but it doesn't hurt to try
So I am with you .....Support!
GCNirvana007
10-10 09:55 PM
It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.
Which part you didnt understand?
Once you enter USA, doesnt matter Vegas or Denver, you need to carry documents with you. Thats LAW. They dont stop everybody but if they do, we are answerable to them.
Its similar to speeding. For a 55 miles speed limit, usually cops dont stop if you drive 70. However they are legally entitled to fine you if you drive 56. Its LAW.
Now if you leave it by mistake, thats not their problem, you got to deal with it.
Which part you didnt understand?
Once you enter USA, doesnt matter Vegas or Denver, you need to carry documents with you. Thats LAW. They dont stop everybody but if they do, we are answerable to them.
Its similar to speeding. For a 55 miles speed limit, usually cops dont stop if you drive 70. However they are legally entitled to fine you if you drive 56. Its LAW.
Now if you leave it by mistake, thats not their problem, you got to deal with it.
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greencard_fever
04-06 07:38 PM
Please send him this link
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8
He needs to post it himself if he wants to come back and if the story is true.
We need real people talking about it first hand.
Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.
Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..
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logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
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neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
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luvschocolates
08-21 02:17 PM
If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
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optimist578
01-31 01:46 PM
If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
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gnrajagopal
07-28 01:23 PM
Would you be offended if your picture is put on toilet seat??
Are you ever offended by the sculptures that are engraved on the temple walls. women are potrayed in a very sensual way on these sculptures. i sometimes wonder that would have happened if those artists had the medium of vedio in those days? temples walls would have been.... well lets leave that to imagination
Are you ever offended by the sculptures that are engraved on the temple walls. women are potrayed in a very sensual way on these sculptures. i sometimes wonder that would have happened if those artists had the medium of vedio in those days? temples walls would have been.... well lets leave that to imagination
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belmontboy
01-16 03:56 PM
Thanks to Slumdog. Sad but very true.
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alterego
09-19 08:06 AM
This is a crisis of confidence, brought about by the weakness of the housing market and therefore the securities based on the mortgages to those homes.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
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delax
07-20 10:03 AM
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
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aka
04-24 12:12 PM
Congrats Googler, you have given so much to this community. You totally deserve the good news! Have a couple of cold ones on us...
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GC_sufferer
07-04 10:58 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Ramba, is that mean they might use less than 140K visas in 2007, because the name check may not be cleared for all 20K applictions in 3 months.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Ramba, is that mean they might use less than 140K visas in 2007, because the name check may not be cleared for all 20K applictions in 3 months.
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dakajo
12-21 10:07 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
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guy03062
07-13 02:26 PM
I agree with you 100% for her delayed letter when everything falls in right place and may want to claim credit later on. But on other side, it is still good that she wrote a letter to add pressure on DHS. My 2 cents.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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masouds
02-16 12:18 PM
On one side you are praising the bigotry of 1940's and racism and on the other hand talking unity. I am sure you are are looser in your life and now Indians and Chinese are your targets since you don't know the meaning of competition. I am not going to waste my time as I am not even sure who planted you here. If you are really not a non-immigrant phony, please state your contribution to the IV efforts. Otherwise we don't need a racist punk like you. Now get off my back:mad:
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
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paskal
01-28 01:44 PM
rajuram,
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
feedfront
10-12 01:33 PM
feedfront
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
alterego
02-20 04:39 PM
Thanks for sharing your insight.
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