vkrishn
08-25 04:48 PM
I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.
wallpaper Order Criminal Intent,
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 Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending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
dtekkedil
07-10 09:31 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
2011 of Law amp; Order: Criminal
ArunAntonio
07-09 06:01 PM
Naveen
drona
Can you guys also update the 'Gandhigiri' in Wiki
- AA
drona
Can you guys also update the 'Gandhigiri' in Wiki
- AA
more...
ski_dude12
08-26 02:51 PM
You will see a date on I-485 only if you filed I-140 & I-485 concurrently. Even my I-485 does not have any priority date.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
msp1976
03-08 02:34 PM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
more...
EndlessWait
07-05 01:28 PM
The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
2010 Law amp; Order - Criminal Intent
morchu
05-08 02:36 PM
:) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
Thanks for a healthy discussion though.
we are talking about inclusion logic here. Not the exclusion logic.
more...
Lasantha
07-02 09:32 AM
will they throw it out because it reached in July? Oh well, just have to wait and see...
I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D
I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D
hair Law amp; Order - Criminal Intent
srinu2007
10-03 11:45 PM
I-485 reached NSC on July3rd. Still waiting ... Adding my name to the list here. I called USCIS after 90 days are passed, I got the answer that they do not see any thing in the system about my filings. Attorney said that she will use liaison to follow-up. Basically I got the same answer as lutherPraveen I guess. I am not sure how successful they will be by using liaisons. How can somebody in USCIS dig into the big pile of paper applications to find yours?
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
Srinu2007
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
Srinu2007
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
more...
trueguy
03-10 12:00 PM
Lets not listen to negative people here and instead come up with a plan. Nothing will change unless we act upon it. I have seen these negative comments every time somebody come up with a plan for EB3-I. Unfortunately most of these negative comments are coming from EB2-I people.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
Lets come up with action plan for EB3-I and we will send it upto Mr. President. I am sure they will listen to us someday. They are busy not deaf.
Thanks.
hot The Law And Order spinoff may
dontcareanymore
08-25 01:52 PM
............. People getting h-1b would mainly F-1 students.
Good that you used mainly , although the tone of the passage is ONLY. Any case, new mantra is R=G.
Good that you used mainly , although the tone of the passage is ONLY. Any case, new mantra is R=G.
more...
house Titles: Law amp; Order: Criminal
AabTuAgaGC
08-31 10:09 AM
Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?
My Attorney got it and mailed it to me. My case is EB3. Hope this helps!:)
My Attorney got it and mailed it to me. My case is EB3. Hope this helps!:)
tattoo Tuzne
h4help
10-12 08:33 AM
How current is the online status on this uscis website ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
I check it every day ..
For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.
But still he got his card, then only after a few days, the cust service also said the same status..
anybody faced this ambiquity with customer service ?
more...
pictures Order: Criminal Intent,
vjkypally
07-20 09:34 AM
I pledge 100$.I know this is nothing compared to the sacrifices made by Aman.
dresses #39;Law and Order: Criminal
guy03062
12-11 12:33 PM
12/10/2006: The President Signed Yesterday Continuing Resolution Bill, H.J. 102
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
more...
makeup Order: Criminal Intent”
mariner5555
04-30 03:41 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual. also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!
girlfriend Law amp; Order: Criminal Intent#39;s
samrat_bhargava_vihari
06-12 09:30 AM
Fortunately, my PD became current on May 1
Did you get your receipt?
Did you get your receipt?
hairstyles Order: Criminal Intent off
pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
delhiguy79
07-31 09:52 AM
Anybody done recently Canada Landing and H1 Stamping together, please share experiences.
Thanks in advance.
Thanks in advance.
h1techSlave
05-01 02:39 PM
We can ask this question during our next attorney conference call. Please remember to ask. I will ask. If a couple of more people ask, then our attorney will definitely answer the question.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Another way is to ask the question in Rajiv Khanna's forums. Again, if a couple of people ask the same question, the question will get prominence and Mr. Khanna would definitely answer the question.
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
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