dish
12-10 01:31 PM
I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.
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amitjoey
07-11 07:08 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
JunRN
10-04 08:22 PM
EAD Receipt # is different from i485 Receipt #. What i know though is that i485 receipting is a pre-requisite of EAD receipting.
Congratulations!
Congratulations!
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tikka
07-05 11:27 AM
this article
http://digg.com/politics/Reversal_Fr...ard_Applicants
http://digg.com/politics/Reversal_Fr...ard_Applicants
more...
man-woman-and-gc
09-16 02:35 PM
Only 2 people stepped up today....
How are we going to reach 1000?
How are we going to reach 1000?
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
more...
vempati
08-21 08:54 AM
Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
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life99f
07-08 09:12 PM
It doesn't matter.
Chicago and DC , or other cities . We can make it happen at same day.
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
Chicago and DC , or other cities . We can make it happen at same day.
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
more...
jobforme
07-10 12:33 PM
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
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Saralayar
03-16 06:57 PM
some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
more...
brij523
12-10 11:58 AM
Hi other IV users,
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
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AllVNeedGcPc
08-06 11:08 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
more...
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eb3_nepa
08-18 02:45 PM
Is it fair to have an EB2 person write - what "a" unfair system :eek:
Yeah tell me about it! It is not enough that Eb3 gets screwed left right AND center. Now we have people applying pressures from the top and bottom as well, and to top it off, Eb2 people who:
1) Get ALL the spill overs from Eb1 and
2) Have fewer people drinking from their pool (As opposed to every tom dick & harry taking their share from the Eb3 pool, nurses to name a few).
now complain that the system is unfair coz processing is not sequential. So everyone in the core team, please forget all about the people suffering in Eb3 and focuss SOLELY on the Eb2 people. Actually dont even focus on all EB2, just the fact that EB2 is not being processed sequentially.
What a load of crock!!
Yeah tell me about it! It is not enough that Eb3 gets screwed left right AND center. Now we have people applying pressures from the top and bottom as well, and to top it off, Eb2 people who:
1) Get ALL the spill overs from Eb1 and
2) Have fewer people drinking from their pool (As opposed to every tom dick & harry taking their share from the Eb3 pool, nurses to name a few).
now complain that the system is unfair coz processing is not sequential. So everyone in the core team, please forget all about the people suffering in Eb3 and focuss SOLELY on the Eb2 people. Actually dont even focus on all EB2, just the fact that EB2 is not being processed sequentially.
What a load of crock!!
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Powersa
07-08 10:40 AM
even if AILF wins in say 2 years:
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
more...
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venkat_s
08-27 04:24 PM
Hello All,
Got greened today !!. Just recieved CPO emails for me and spouse. Feels really great!!. the long wait has finally ended!... Thank you IV for your efforts. this site's been a great resource throughout the GC journey. I wish all the best to all the folks still waiting- HANG in THERE .. sooner or later you will be hearing the good news!. My details below
PD Oct 21 2005
RD 7/26/2007
ND 8/23/2007
Service Center : NSC
Last SLUD 08/12/2010
EAD / AP approved on 08/10/2010
Infopass on 08/06/2010 - Told was in review - Case assigned to Officer on 07/29/2010.
SR Opened 08/02/2010 - Wait for 60 days.
Got greened today !!. Just recieved CPO emails for me and spouse. Feels really great!!. the long wait has finally ended!... Thank you IV for your efforts. this site's been a great resource throughout the GC journey. I wish all the best to all the folks still waiting- HANG in THERE .. sooner or later you will be hearing the good news!. My details below
PD Oct 21 2005
RD 7/26/2007
ND 8/23/2007
Service Center : NSC
Last SLUD 08/12/2010
EAD / AP approved on 08/10/2010
Infopass on 08/06/2010 - Told was in review - Case assigned to Officer on 07/29/2010.
SR Opened 08/02/2010 - Wait for 60 days.
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sanjay
12-19 02:02 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
more...
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factoryman
06-08 06:51 PM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
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Amma
02-26 01:46 PM
Mailed a cheque for $50 today.
Have faith in IV guys. I have seen a lot of dedicated members of IV which inspired me a lot. Don't probe IV too much with our highly intellectual brain and do nothing.
If IV is not there ,we will be murmuring with ourselves and resigned to our fate.
Keep going.I salute those dedicated guys.
Have faith in IV guys. I have seen a lot of dedicated members of IV which inspired me a lot. Don't probe IV too much with our highly intellectual brain and do nothing.
If IV is not there ,we will be murmuring with ourselves and resigned to our fate.
Keep going.I salute those dedicated guys.
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desi3933
06-26 10:13 AM
Basically if employers are not willing to sponsor they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "only security clearance"
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
go_getter007
12-17 12:33 PM
You may want to focus on (and be thankful for) what you have out of the following:
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Refugee_New
08-18 03:07 PM
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
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