alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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dvb123
04-04 10:31 AM
I think that there is little sympathy or need for the government to reform employment based immigration for IT people. I believe a lot of professors, researchers etc are stuck in EB2 category definately because very few people qualify for EB1. If IV collects a list of these people and then gets petitions from them I think there will be a good case to present to the Senators.
actaccord
02-02 07:10 PM
most of the Cherry Blossom related rush will be only on weekends. April 4th and 5th falls on weekday so we have to face traffic and rush related to weekday. Also, 4th is Monday which is little less traffic (no to great extend though) due some federal people gets deferred workday. But for sure Tuesday (April 5th ) will be super rush day, all we need to do is plan to get in after morning rush hour and get out before/after evening rush hour.
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
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coopheal
03-19 05:34 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
What is your point?? You stop your madness?
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
What is your point?? You stop your madness?
more...
desi485
03-16 12:50 AM
who the hell is asking you to???!!! and anyhow, you are probably not good enough to work with me anyways.....
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
indianindian2006
07-14 05:52 PM
PD: Jan 2006
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
more...
alterego
07-13 11:19 AM
When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.
Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.
I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.
Fair enough, you are free to fantasize. :) I didn't mean to rain on your party!
I'd wish too that what you said is true. Hey, I am a well wisher of EB immigration.
However my understanding is that many 485s were not receipted like yours. Also the processing dates have stuck at that time now. So although admittedly I am not sure how many of those applications were in fact processed, I suspect it is not the majority. There are indications that there are 200-250K pending EB 485s of which 40-45% are EB India and another 15% or so Chinese. Looking at the bigger picture if 35% of these are EB2. I can't see how the EB2 backlog can be cleared before the end of the next fiscal year.
I whole heartedly agree with you that our speculation and guesswork is often wrong, but it gives us something to do while we wait!
Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.
I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.
Fair enough, you are free to fantasize. :) I didn't mean to rain on your party!
I'd wish too that what you said is true. Hey, I am a well wisher of EB immigration.
However my understanding is that many 485s were not receipted like yours. Also the processing dates have stuck at that time now. So although admittedly I am not sure how many of those applications were in fact processed, I suspect it is not the majority. There are indications that there are 200-250K pending EB 485s of which 40-45% are EB India and another 15% or so Chinese. Looking at the bigger picture if 35% of these are EB2. I can't see how the EB2 backlog can be cleared before the end of the next fiscal year.
I whole heartedly agree with you that our speculation and guesswork is often wrong, but it gives us something to do while we wait!
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conchshell
07-28 01:59 PM
Someone should close it so that we can talk about the more important matter of getting the green card faster.
I would say let it go on ... because this is the kind of topic people really like to discuss. It breaks my heart to note that last week I started a thread to raise ideas about immigration problems ... lots of people went through it, but just a handful participated. Here is the thread:
http://immigrationvoice.org/forum/showthread.php?t=20406
So when people have lost focus, they are not interested in discussing the core issue anymore ... then let this discussion go on, on top of it may be we can also start reviewing bollywood movies here .... sorry for being sarcastic, but this the state of affairs at IV forums these days!!:(
I would say let it go on ... because this is the kind of topic people really like to discuss. It breaks my heart to note that last week I started a thread to raise ideas about immigration problems ... lots of people went through it, but just a handful participated. Here is the thread:
http://immigrationvoice.org/forum/showthread.php?t=20406
So when people have lost focus, they are not interested in discussing the core issue anymore ... then let this discussion go on, on top of it may be we can also start reviewing bollywood movies here .... sorry for being sarcastic, but this the state of affairs at IV forums these days!!:(
more...
ItIsNotFunny
10-15 12:10 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
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Macaca
07-17 10:26 AM
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
Please post URL
Please post URL
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invincibleasian
01-27 10:19 PM
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
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gc28262
04-10 10:24 PM
and what is your point?
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
more...
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eilsoe
02-16 07:14 PM
:love:
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feedfront
09-20 12:06 PM
Does anyone know, how much attorney gonna charge to reply RFE?
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permfiling
11-08 06:14 PM
Congrats ! How long did it take for CPO email since u recieved the 485 , I-797 and which service center
Guys,
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
Guys,
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
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nixstor
10-15 07:25 PM
Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.
Yes, National Records Center will provide you with a receipt number for tracking purposes.
Yes, National Records Center will provide you with a receipt number for tracking purposes.
more...
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nyte_crawler
04-08 11:53 PM
What was his visa status ?
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Ramba
07-09 07:44 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
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vine93
03-19 02:19 PM
I sent you yesterday.
greencardfever2007
04-04 06:51 AM
I think this Bill will die like 2006 SKIL bill.
smuggymba
03-12 11:12 AM
great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.
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