mohican
01-14 03:37 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
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sparklinks
02-18 03:34 PM
Can anyone of you guys give me the IV address, where to send letters (3) please.
vivid_bharti
07-27 03:56 PM
We are USCIS's cash cows we'll have to give them milk until the last drop....It was a well thought provision as they knew they'll earn more money in yearly AP/EAD renewals then they were earning in H1B renewals. The answer to your question is "Yes you need to pay the fees everytime you renew it, be it 1000th time"Hi,
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
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sonia_sd
08-07 05:13 PM
I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn�t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE�. enough�. I am not going back to US even for a visit in next 5 yrs..�
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
more...
pcs
02-08 03:48 PM
Are you not happy, you are not alone. Do not worry at all just file your H1 in time & you will get extension for 3 more years.
Do post your key details here & I am sure some IV guy can help you hook up.
Please do not forget to spread good word about IV.
If you want job in Detroit area, send me a PM & I can hook you up with some nice HR guy..
Do post your key details here & I am sure some IV guy can help you hook up.
Please do not forget to spread good word about IV.
If you want job in Detroit area, send me a PM & I can hook you up with some nice HR guy..
wellwishergc
07-19 12:21 PM
I cannot help laughing. That is the coolest analogy that anybody can think of, for the GC retrogression:)
I think this post should be sent in the humor section in one of the forthcoming IV newsletter, hoping that newsletter reaches congressmen/senators. Atleast they would sympathize with our plight.
Good one, indeed!!!
:D :D :D
Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
I think this post should be sent in the humor section in one of the forthcoming IV newsletter, hoping that newsletter reaches congressmen/senators. Atleast they would sympathize with our plight.
Good one, indeed!!!
:D :D :D
Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
more...
vikki76
03-05 12:28 AM
Let's see if giving them 5K brings more transparency..seems like a good idea about pooling in money
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Macaca
09-14 03:21 PM
What keeps
so many people back is
simply
unwillingness to pay the price,
to make the exertion,
the effort to sacrifice
their ease and comfort
Orison Swett Marden
so many people back is
simply
unwillingness to pay the price,
to make the exertion,
the effort to sacrifice
their ease and comfort
Orison Swett Marden
more...
SmSm
12-01 10:50 AM
Lets NOT do a hunger strike.
Think of something that is unique, gets media attention, something that has not been done, but conveys the message in a very subtle way and yet is very powerful and will create a lump in the throat.
Free math turoring, free SAT preperation classes, you get the idea....
Think of something that is unique, gets media attention, something that has not been done, but conveys the message in a very subtle way and yet is very powerful and will create a lump in the throat.
Free math turoring, free SAT preperation classes, you get the idea....
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avi101
04-06 01:13 AM
Let me reiterate that I am all for H4s being able to work and you guys should try unite for this cause.
I haven't researched L1 quota and its intent so I really can't comment further with respect to that.
Its unfortunate that legals and illegals are measured on different scales and it would be very unfair if they end up getting more benefits than us legals. I am not sure what you mean by illegal spouses? Either one is illegal or one is not.
I wish you the best in your search and would highly recommend exploring the unpaid internship possibilites in the interim.
I haven't researched L1 quota and its intent so I really can't comment further with respect to that.
Its unfortunate that legals and illegals are measured on different scales and it would be very unfair if they end up getting more benefits than us legals. I am not sure what you mean by illegal spouses? Either one is illegal or one is not.
I wish you the best in your search and would highly recommend exploring the unpaid internship possibilites in the interim.
more...
rajarao
09-02 12:39 PM
Management announced that our US plant of my division will shut down in next 3-4 years (about 2000 employees). There are no immediate lay-offs but may start anytime,as this is a progressive multi-year transfer to out of country or to a third party.
What is the impact on 485 processing?.
I got an RFE for employment verification a week before the announcement and it was replied. Will there be any issue at the approval stage or in the future?.
Thanks
EB2/India
PD June 2004
What is the impact on 485 processing?.
I got an RFE for employment verification a week before the announcement and it was replied. Will there be any issue at the approval stage or in the future?.
Thanks
EB2/India
PD June 2004
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santb1975
04-26 12:38 AM
Stay Tuned
Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?
Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?
more...
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gsc999
07-17 08:11 PM
Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
-
Exactly!
Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.
I guess, there is lot of frustration and anger which maybe clouding judgement.
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stucklabor
03-17 08:35 PM
Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.
Here's the summary from Sen Frist's website:
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
Here's the summary from Sen Frist's website:
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
more...
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zoooom
03-13 05:05 PM
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
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smisachu
07-07 10:05 AM
Where do you find attorneys like this?? Congrads!!
Can you elaborate on your skill set so we know what is needed to go under the quota of "person with extraordinary ability interest to US".
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
Can you elaborate on your skill set so we know what is needed to go under the quota of "person with extraordinary ability interest to US".
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
more...
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yabadaba
06-19 06:39 PM
this bill needs to die...its amnesty on the back of legal immigrants.
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uma001
08-08 10:22 PM
Hello PAL
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
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onemorecame
08-06 12:15 PM
If you are employed in IT field, as far as I know federal skilled workers and AINP H1b stream are almost blocked except for managers. Canada immigration program has a list of occupation category; if you work in one of the listed classification then you can apply for PR. About an year back federal skilled worker deleted all computer related classification but managers. In May 2009, AINP did the same and now only IT managers are eligible.
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
prinive
07-18 04:27 PM
Yes ? No?
I applied my Lab at Sep 2001 got approved in Ocy 2005. I140 cleared in 3 months. Now I applied for my I 485 in June 2007.
My friend applied his lab through the same company in May 2001. Got GC 3 years back.
Another friend came to this coutry in Dec 2006. Applied lab in Feb 2007. He is going to apply his I485 tomorrow.
What should I say? Am I pissed?
Ahahaha good luck guys.
I applied my Lab at Sep 2001 got approved in Ocy 2005. I140 cleared in 3 months. Now I applied for my I 485 in June 2007.
My friend applied his lab through the same company in May 2001. Got GC 3 years back.
Another friend came to this coutry in Dec 2006. Applied lab in Feb 2007. He is going to apply his I485 tomorrow.
What should I say? Am I pissed?
Ahahaha good luck guys.
chanduv23
09-28 01:52 PM
Here is the deal, the idea of state chapters is for grass roots organization. We can't reach out to everyone if we don't have remote hubs, it is as simple as that. We recently revived the WA state chapter and I keep sending emails, one or two respond, the rest are silent readers. However they did join the group and we are now 30+ members. Now, we plan to have a conference call and then we are planning to get together within 2 weeks to meet all of these members. No one is forced, but we would send out and invitation to every member. Then we come out with certain agendas and action items that fall within IV goals. Like one of the main things is to meet local law makers within each state for follow up. This is best done at state level. So I understand the part that you care confused is nothing is happening and you just keep writing. I know the feeling but can you get everyone together, can you get to meet them one by one. Trust me, once you get the ball rolling, before you know, you will have a big strong chapter that makes it easier to pass targeted messages and so on. When IV events are held in a national level, information and action items can be distributed to state chapter leaders who can then follow up.
But yes, it is hard work in the beginning to get every one on board, trust me, I am fighting the same battle, but hard work pays off!
Well siad - I am also of the same humble opinion. It is hard work now. Mobilizing people is no easy task, but we have to and I know we can do it.
Once we start our activities at the state level, we can make it easy at the national level.
We can let IV core concentrate on their high level agenda while at the local level we can motivate and mobilize the TEAM.
Together we forrm TEAM IV
But yes, it is hard work in the beginning to get every one on board, trust me, I am fighting the same battle, but hard work pays off!
Well siad - I am also of the same humble opinion. It is hard work now. Mobilizing people is no easy task, but we have to and I know we can do it.
Once we start our activities at the state level, we can make it easy at the national level.
We can let IV core concentrate on their high level agenda while at the local level we can motivate and mobilize the TEAM.
Together we forrm TEAM IV
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