nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
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ImmigrationAnswerMan
07-02 11:40 AM
It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).
Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
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pmamp
03-20 03:31 PM
I think there is something cooking. As always will have to wait .....
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krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
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jsb
09-07 11:02 AM
...
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok
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vinzak
06-16 12:10 PM
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
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jcrajput
10-16 12:30 PM
My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
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abhi_jais
05-02 11:31 AM
You can get the home loan from India. I bought a property couple of years back, that time SBI gave me a very good rate. You can start the application processing from their US location, they will help you with the application process. For the paperwork they will need the details about your job, and for the loan security you'll need to have someone in India who owns a property.
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
Personally, I wouldn't go to ICICI because I had a very bad experience with them. Also, if you are buying an apartment make sure the builder has all the approvals from the governments and from the banks. All the best!!!!!!!!!!!!!
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fide_champ
02-15 01:22 PM
Thanks to everyone who replied.
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Ann Ruben
02-06 12:22 PM
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
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Carlau
11-17 09:49 AM
I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
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msyedy
12-13 11:30 AM
CIR agenda in 100 hours not days..........
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qisolu917o
03-22 10:06 PM
experience is the extract of suffering.I was grateful to Daddy for coming to rescue me when I broke my leg. He also came home from work a time or two to try to talk Mother out of spanking me when I did something wrong. At the beginning of their marriage he really tried to be there for me. I remember once he even took me on the train to St. Louis to see the Cardinals, then our nearest major league baseball team. We stayed overnight and came home the next day. I loved it. Sadly, it was the only trip the two of us ever took together. Like the only time we ever went fishing together. The only time we ever went out into the woods to cut our own Christmas tree together. The only time our whole family took an out-of-state vacation together. Come and buy cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! There were so many things that meant a lot to me but were never to occur again. Roger Clinton really loved me and he loved Mother, but he couldnt ever quite break free of the shadows of self-doubt, the phony security of binge drinking and adolescent partying, and the isolation from and verbal abuse of Mother that kept him from becoming the man he might have been.One night his drunken self-destructiveness came to a head in a fight with my mother I cant ever forget. Mother wanted us to go to the hospital to see my great-grandmother, who didnt have long to live. Daddy said she couldnt go. They were screaming at each other in their bedroom in the back of the house. For some reason, I walked out into the hall to the doorway of the bedroom. Just as I did, Daddy pulled a gun from behind his back and fired in Mothers direction. The bullet went into the wall between where she and I were standing. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) I was stunned and so scared. I had never heard a shot fired before, much less seen one. Mother grabbed me and ran across the street to the neighbors. The police were called. I can still see them leading Daddy away in handcuffs to jail, where he spent the night.
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mrane1
10-26 03:39 AM
???like a week before?
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
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haroontabrez
04-15 10:04 AM
TO mbawa2574 & FUNTIMES
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
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me_myself
12-19 05:03 PM
div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.
Thanks.
Thanks.
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indianabacklog
01-28 01:58 PM
I am sorry to hear you are still wading through the labor cert stuff. Mike Delph has little or no knowledge of how the immigration system works. My family and I found this out over six years ago when he worked for Dan Burton.
Wishing you all the best.
Wishing you all the best.
inskrish
04-18 04:41 PM
Don't stress - take it easy. This can be fixed. i sent you a private message
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
485Mbe4001
10-24 03:16 PM
there is a link for questions on her CNN show at
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
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