qumegup
06-29 05:34 PM
Thanks for sharing ..
Did this help expediting your case .. i guess we need to try out this ..no harm in sending expedite request .
Did this help expediting your case .. i guess we need to try out this ..no harm in sending expedite request .
wallpaper Fast Five (2011) vs.
furiouspride
09-06 07:37 PM
Take a look at who is against me?
1. people whose's PD is now CURRENT. they do not want more people to be CURRENT when their case is still pending.
2. People who are EB3. which is not going to move at all.
3. IV member who are not interested in pushing PD for the time being. People like June, 2006, July 2006 is not their interest to help.
What is wrong to think postive for the people who are close to be CURRENT at this moment?
you cold people.
All the people who are against you are people who want IV to be a moron-free site. Has nothing to do with PD or EB2, EB3.
1. people whose's PD is now CURRENT. they do not want more people to be CURRENT when their case is still pending.
2. People who are EB3. which is not going to move at all.
3. IV member who are not interested in pushing PD for the time being. People like June, 2006, July 2006 is not their interest to help.
What is wrong to think postive for the people who are close to be CURRENT at this moment?
you cold people.
All the people who are against you are people who want IV to be a moron-free site. Has nothing to do with PD or EB2, EB3.
parveen
05-16 04:57 PM
hi!My passport is expiring on 10/2007 as My PD is will be current next Month & I-485 filled in 07/2003. Do I need to renew my Passport before I-485 get approved or do I wait let I-485 get approved in JUne & then apply for Passport Renewal Will it make any difference Please advise an early reply will be highly appreciated.
2011 Movie Trailer for Fast Five.
ivgclive
03-17 07:02 AM
Has anyone thought about the root cause of backlog?
I think it not really more people. Only 85K people on H1B come every year. There are 140 K greencards. All H1Bs do not apply for greencards,
So the problem is country limits. Can someone calculate what would be the wait time if country limit is completely removed.
They are numbers on paper.
But in reality, the screw up happens every year, because H1B does not have country limit but GC does.
Out of 65K (some years like 2000,2001 had 195K quota) came every year between 1999 30K (which is almost 50%) were from India and about 10K from China.
But every year GC has a country limit for India, 3000 for EB2 and 3000 for EB1. So they can process about 6000 per year for India. This includes Spouse and Children.
Out of 30K, assuming about 10K applied every year for GC, counting spouse and children the total applications are about 21K, that alone increases the backlog of GC.
I did not count the L1 side, which was equally / almost same as H1 in the past years.
To rub salt into the wound, out of 6000 GCs permitted for India, USCIS does not process all 6000, they process about only 4000 and waste 2000! Because USCIS is a Government Agency.
I think it not really more people. Only 85K people on H1B come every year. There are 140 K greencards. All H1Bs do not apply for greencards,
So the problem is country limits. Can someone calculate what would be the wait time if country limit is completely removed.
They are numbers on paper.
But in reality, the screw up happens every year, because H1B does not have country limit but GC does.
Out of 65K (some years like 2000,2001 had 195K quota) came every year between 1999 30K (which is almost 50%) were from India and about 10K from China.
But every year GC has a country limit for India, 3000 for EB2 and 3000 for EB1. So they can process about 6000 per year for India. This includes Spouse and Children.
Out of 30K, assuming about 10K applied every year for GC, counting spouse and children the total applications are about 21K, that alone increases the backlog of GC.
I did not count the L1 side, which was equally / almost same as H1 in the past years.
To rub salt into the wound, out of 6000 GCs permitted for India, USCIS does not process all 6000, they process about only 4000 and waste 2000! Because USCIS is a Government Agency.
more...
chanduv23
02-07 02:37 PM
What is this?
We have seen you discouraging people a lot during the rally when we were mobilizing people for the rally.
Whatever IV is doing is for people like you and me.
I already got my GC last month.
andy_garcia congratulations on your GC - I am sure you will now help IV more. I know you were poking fun - playing around when you made those negative comments - now come on and get serious, please help us too :)
We have seen you discouraging people a lot during the rally when we were mobilizing people for the rally.
Whatever IV is doing is for people like you and me.
I already got my GC last month.
andy_garcia congratulations on your GC - I am sure you will now help IV more. I know you were poking fun - playing around when you made those negative comments - now come on and get serious, please help us too :)
.jpg "Fast and Furious 5 Trailer")
pappu
10-10 09:24 AM
http://dallas.fbi.gov/dojpressrel/pressrel06/wirefraud092006.htm
U.S. Department of Justice
United
FBI Home Page Dallas Press Releases
Dallas Home Page
Such people give a very bad name to H1B visa system and anti immigrant organizations are more than happy to jump on such stories and help media print it. Even a thread like this will be an information resource for them. Lame duck session is very important for both sides in order to block or pass legal immigration provisions.
H1B abuse is very limited and while even a single abuse of any law is condemned by Immigration Voice, one needs to consider the scale of problems or abuse that have been reported — as compared to the total number of H-1B visa holders working in the United States. Recently released Government Accountability Office report on H-1Bs, notes that in just 2005, there were 306,927 H-1B labor condition applications approved. Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications.
U.S. Department of Justice
United
FBI Home Page Dallas Press Releases
Dallas Home Page
Such people give a very bad name to H1B visa system and anti immigrant organizations are more than happy to jump on such stories and help media print it. Even a thread like this will be an information resource for them. Lame duck session is very important for both sides in order to block or pass legal immigration provisions.
H1B abuse is very limited and while even a single abuse of any law is condemned by Immigration Voice, one needs to consider the scale of problems or abuse that have been reported — as compared to the total number of H-1B visa holders working in the United States. Recently released Government Accountability Office report on H-1Bs, notes that in just 2005, there were 306,927 H-1B labor condition applications approved. Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications.
more...
gosita
04-02 01:51 PM
does it mean that MBA, Accounting, Finance grads don't get 29 month OPT? i hope not.
I hope they will include everybody, but even IV mentioned "qualifed F1 students"--- this is what makes me wonder... What other "qualification" can you imagine?
I hope they will include everybody, but even IV mentioned "qualifed F1 students"--- this is what makes me wonder... What other "qualification" can you imagine?
2010 Fast Five (2011), Vin Diesel
eb2dec2005
08-18 04:15 PM
I got the same responses from the IO at the Infopass appointment. :(
its been a week and still no updates on my case.
its been a week and still no updates on my case.
more...
immig99
01-19 12:25 AM
take murthy.com help, take her appointment, even am in same position..
i went to mexico, they referred my case to india , but they allowed me to enter usa, recently i go tmy AP, so am planning to go india with murthy's help
i said same situation: MS disc..h1-b, atfer 1.5 yr with full paystubs ..each & every document from school..
They are actulaly confused with the dates..:mad::confused:
All the best
i went to mexico, they referred my case to india , but they allowed me to enter usa, recently i go tmy AP, so am planning to go india with murthy's help
i said same situation: MS disc..h1-b, atfer 1.5 yr with full paystubs ..each & every document from school..
They are actulaly confused with the dates..:mad::confused:
All the best
hair #39;Fast Five#39; Trailer Pits Vin
Trackgc
12-06 12:49 PM
Hi,
Received date: July 02 2007
Notice date: August 30 2007.
So I can use AC21 after Jan 02 2008 Correct?
Received date: July 02 2007
Notice date: August 30 2007.
So I can use AC21 after Jan 02 2008 Correct?
more...
breddy2000
04-01 02:47 PM
Then next would be 65k quota on the number of applicants who can enroll in Phd and country limit not exceeding 7%.
And the saga continues.......:D
And if there is any field that conducts research on importance of Highly Skilled immigration to the country that awards a Phd, I would definitely enroll in that ....
And the saga continues.......:D
And if there is any field that conducts research on importance of Highly Skilled immigration to the country that awards a Phd, I would definitely enroll in that ....
hot fast five trailer 2011.
techskill
08-19 05:16 PM
Hi techskill: I have asked this before in this posting to someone else. Was your medical exam complete in all respect? My wife's was not as she was pregnant then. The Doc didn't administer one shot.
Also to all of us whose files seem to be in the strange NSC Examination room: Yes, the Infopass IO told me that my case is all set. He didn't say if it was deficient in any way. I was just wondering if any of you guys have any such deficiency like medical?
Yes. Our medicals was fully complete. Correct me if iam wrong, wouldnt they send rfe if our medicals r not complete?
They would have sent the rfe by this time. Does our PD needs to be current to send an rfe?
It is USCIS we talking about,even that might happen.
Also to all of us whose files seem to be in the strange NSC Examination room: Yes, the Infopass IO told me that my case is all set. He didn't say if it was deficient in any way. I was just wondering if any of you guys have any such deficiency like medical?
Yes. Our medicals was fully complete. Correct me if iam wrong, wouldnt they send rfe if our medicals r not complete?
They would have sent the rfe by this time. Does our PD needs to be current to send an rfe?
It is USCIS we talking about,even that might happen.
more...
house Fast Five (2011) Movie Trailer
indio0617
07-06 02:03 PM
"Incur legal fees the second time" ??? Your attorney certainly seems to be exploiting the situation to suit himself. No reasonable attorney will charge fees if you file the 485 again in this situation.
tattoo Fast and Furious 5 Trailer
lskreddy
05-08 12:16 PM
Hey folks,
If the terminology is the following, this almost seems like an open check. Can any of you suggest what steps to take to protect?
If the consultant decides to leave b4 the contract finishes, he/she is liable to pay: applicable GC fees, cost of finding a replacement consultant, and any other damages and/or legal fees and costs incurred by the Company in connection with the Employee�s early termination of his assignment or early termination of his tenure with the Company.
Thanks,
Indra
If the terminology is the following, this almost seems like an open check. Can any of you suggest what steps to take to protect?
If the consultant decides to leave b4 the contract finishes, he/she is liable to pay: applicable GC fees, cost of finding a replacement consultant, and any other damages and/or legal fees and costs incurred by the Company in connection with the Employee�s early termination of his assignment or early termination of his tenure with the Company.
Thanks,
Indra
more...
pictures Fast Five Trailer 2 (2011) HD
mirage
09-18 04:29 PM
Sorry, If I sounded that way, I understand that nobody is having honeymoon here, but EB-3 2005 is better than EB3-2001 and EB-2 Current is better than EB2-2003. In a situation where Congress in not buzzing from it's stand of 'No New Green Cards' for anybody. We have educated them enough that they are not new Green Cards, rather the truth it they know it all, they know the issue more than most of us do, but it's just they pretend to be ignorant. In this scenario I would ask them for atleast a fair system, if they want to keep everything else unchanged..
So you think ROW EB3 is also having honeymoon. How could you make statements like that. ROW EB3 was unavailable for 3 months while EB2 India enjoyed PD in 2006 and you think there is no problem with ROW.
Statements like these has the potential to make IV an Indian organization which only represents interest of Indian people and I don't believe that was the IV mission when it was founded. Please refrain from making statements like these.
So you think ROW EB3 is also having honeymoon. How could you make statements like that. ROW EB3 was unavailable for 3 months while EB2 India enjoyed PD in 2006 and you think there is no problem with ROW.
Statements like these has the potential to make IV an Indian organization which only represents interest of Indian people and I don't believe that was the IV mission when it was founded. Please refrain from making statements like these.
dresses fast five trailer 2011.
addsf345
10-19 06:42 PM
Here is the link from Washington Post
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/10/16/AR2009101603653.html)
I read the article. Various theories are being put to test, how the robbers zeroed in on these families like grocery shops, church/temples, etc etc.
"Officers in Fairfax and Loudoun counties, and the homeowners themselves, have yet to figure out how the burglars so successfully identify houses with large gold caches. Before they became victims, many of the families were strangers, and they and police have eliminated many of the obvious links: churches, temples, schools or even grocery stores where they could have been tracked."
Do you think there may be information leaked from where they may have bought gold in big chunk? I don't know at all. Just a GUESS..:confused: The robers may have got the database by hecking or some other way. This way they know this family must have some gold, as they recently bought GOLD.:confused:
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/10/16/AR2009101603653.html)
I read the article. Various theories are being put to test, how the robbers zeroed in on these families like grocery shops, church/temples, etc etc.
"Officers in Fairfax and Loudoun counties, and the homeowners themselves, have yet to figure out how the burglars so successfully identify houses with large gold caches. Before they became victims, many of the families were strangers, and they and police have eliminated many of the obvious links: churches, temples, schools or even grocery stores where they could have been tracked."
Do you think there may be information leaked from where they may have bought gold in big chunk? I don't know at all. Just a GUESS..:confused: The robers may have got the database by hecking or some other way. This way they know this family must have some gold, as they recently bought GOLD.:confused:
more...
makeup Fast Five is going to be
ksvreg
11-13 03:14 PM
First I will donate. And then I will try to get one time donations from my frineds and colleages (gc, citizens and non immigrants). Is that ok? Do you want me to request them to donate directly to IV or I can do the collection and donate to IV on behalf my name or whichever is possible? I am not sure whether they are helpful on advocacy efforts.
girlfriend Fast Five Movie Trailer
a_yaja
07-24 01:35 PM
My employer has decided to concurrently file for my I-140 and I-485 in EB2 category. The application will be submitted to USCIS by Aug 1.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I see a lot of people advising you to get married here in the US. BE CAREFUL. TALK TO LAWYER BEFORE YOU DO ANYTHING RASH AND REGRET IT LATER. As I mentioned in another thread, I know of a case where a lady came to US on visitor visa (B1) and married a US citizen right away. Her AOS was denied saying that she falisified her visa application(stating that she needed visitor visa for non-immigrant purposes when in fact she wanted to immigrate to the US). To avoid such a case, the usual practice would be to wait for 6 - 8 months and then get married in the US. Your case is different, but take no chances.
Coming back to you case, I don't see any issues in applying for AOS - if your would be spouse already has a F1 visa, there is nothing to worry about. She can enter the US on the F1 visa. If your would be spouse does not have F1 visa, then she can always apply for F1 *BEFORE* you two get married (then she does not have to state in the visa application that someone in family had applied for immigrant visa) and still come over to the US and you can later aply for AOS when the dates are current. Another option would be to get your wife here on H4 (if for some reason the F1 does not work out) after marriage and apply for AOS when dates are current again.
There are many options available for you - it would be a good idea to talk to a lawyer. The only problem I see right now is that your wife will not be able to join you in applying for AOS. If you really want her to apply for AOS with you, then you need to go to India ASAP, get married, bring her back on H4 and file for AOS. Or as someone else suggested, you can file for AOS, go to India, get married, get your wife on H4 and file for her AOS (especially since medical records are not required as part of initial evidence).
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I see a lot of people advising you to get married here in the US. BE CAREFUL. TALK TO LAWYER BEFORE YOU DO ANYTHING RASH AND REGRET IT LATER. As I mentioned in another thread, I know of a case where a lady came to US on visitor visa (B1) and married a US citizen right away. Her AOS was denied saying that she falisified her visa application(stating that she needed visitor visa for non-immigrant purposes when in fact she wanted to immigrate to the US). To avoid such a case, the usual practice would be to wait for 6 - 8 months and then get married in the US. Your case is different, but take no chances.
Coming back to you case, I don't see any issues in applying for AOS - if your would be spouse already has a F1 visa, there is nothing to worry about. She can enter the US on the F1 visa. If your would be spouse does not have F1 visa, then she can always apply for F1 *BEFORE* you two get married (then she does not have to state in the visa application that someone in family had applied for immigrant visa) and still come over to the US and you can later aply for AOS when the dates are current. Another option would be to get your wife here on H4 (if for some reason the F1 does not work out) after marriage and apply for AOS when dates are current again.
There are many options available for you - it would be a good idea to talk to a lawyer. The only problem I see right now is that your wife will not be able to join you in applying for AOS. If you really want her to apply for AOS with you, then you need to go to India ASAP, get married, bring her back on H4 and file for AOS. Or as someone else suggested, you can file for AOS, go to India, get married, get your wife on H4 and file for her AOS (especially since medical records are not required as part of initial evidence).
hairstyles fast five trailer 2011. fast
HV000
02-14 06:52 PM
Its UNFORTUNATE that this country has failed to listen to Ron Paul!!!
This guy clears know about the Foreign and Monetary policies than other candidates. He got more money from the troops than others!! People who watched the recent BIASED UNFAIR CNN Replublican debate will understand.
John McCain wants to stay in Iraq for 100 years if needed, Where is the money going to come from? China or the Sovereign Wealth funds?? Not to mention the Social Security fund which is slowly heading towards bankruptcy. Already, they are starting to cut some of the medicare benefits!
This guy clears know about the Foreign and Monetary policies than other candidates. He got more money from the troops than others!! People who watched the recent BIASED UNFAIR CNN Replublican debate will understand.
John McCain wants to stay in Iraq for 100 years if needed, Where is the money going to come from? China or the Sovereign Wealth funds?? Not to mention the Social Security fund which is slowly heading towards bankruptcy. Already, they are starting to cut some of the medicare benefits!
eb3_nepa
01-29 10:42 AM
I-485 Receipt Date Governs
Question 1. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
It is the receipt date that governs. AC21 speaks in terms of the I-485 pending for 180-days or more. Applications are pending from the time they are filed with the USCIS. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. This makes a significant difference; particularly for many of the summer 2007 filers, since there were substantial delays in issuance of receipt notices.
Loss of Employment after Filing I-485, before I-140 Approval Risky
Question 2. I lost my job before the I-485 had been pending 180 days. Can I still use portability?
It can be attempted, and we have done so successfully in many cases. This is important for some summer 2007 filers, as some employers tend to conduct layoffs at the end of the year. For some, the layoffs came as they were approaching, but had not yet reached, the 180-day point.
One of the major concerns in a layoff situation is the I-140. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. The I-140 must remain intact until the I-485 reaches the 180-day point. See, our August 12, 2003 article, BCIS Memo on I-485 Portability after I-140 Revocation. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. This issue is addressed in a USCIS memo discussed in our May 27, 2005 article, Yates May 2005 Memo on AC21 and I-140s, as well as our October 6, 2006 article, USCIS reissues AC21 Memo with Clarification. The risks are explained in more detail in the October 6, 2006 memo.
There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.
Never Worked for GC-Sponsoring Employer - Potential Fraud
Question 3. I never worked for my "green card" sponsoring employer. It was a future job offer. Can I use AC21 portability?
Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Employment-based green card applications are all based on the concept of a future job offer. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The best proof that a job offer is valid, however, is working for the sponsor. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. The safe approach is to avoid this scenario by working for the sponsoring employer.
New Job Can be "Similar" but Differ in Some Respects
Question 4. My new job has a different title, but the same basic duties as the job described in the labor certification. Will that work?
In our experience, yes. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. The AC21 law uses the terminology "same or similar job classification." The June 2001 guidance refers us to the DOL system of occupational classification as a guideline. The later May 2005 Yates Memo makes the same references. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. The DOL categories are generally fairly broad. In many situations, therefore, this does not present a significant problem. It is important to note that the duties generally govern, and not specific technologies, in most cases; though this could be different in a given situation.
Risk if Employer Revokes I-140 Petition before I-485 Pending 180 Days
Question 5. I am afraid that, if I change my job, my employer will try to harm my green card case. What are the risks?
This is, in part, addressed in Question 2. The employer does not control the I-485 application, since this is filed directly by the foreign national. The I-485 is based on the I-140, however, which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval. This does not prevent the case from being approved, however. Under the August 4, 2003 Yates memo, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If a NOID is issued, a response must be filed demonstrating eligibility under AC21. If the file contains documentation about the new job, the case should just continue being processed.
Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. One of the primary potential problems arises if an RFE is issued. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case.
Sponsoring Employer Has No Obligation to Revoke I-140 after Employee Leaves
Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?
No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Thus, employers had a valid reason for revocation in some instances. Now, there is often no reason or need to revoke an I-140.
Question 1. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?
It is the receipt date that governs. AC21 speaks in terms of the I-485 pending for 180-days or more. Applications are pending from the time they are filed with the USCIS. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. This makes a significant difference; particularly for many of the summer 2007 filers, since there were substantial delays in issuance of receipt notices.
Loss of Employment after Filing I-485, before I-140 Approval Risky
Question 2. I lost my job before the I-485 had been pending 180 days. Can I still use portability?
It can be attempted, and we have done so successfully in many cases. This is important for some summer 2007 filers, as some employers tend to conduct layoffs at the end of the year. For some, the layoffs came as they were approaching, but had not yet reached, the 180-day point.
One of the major concerns in a layoff situation is the I-140. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. The I-140 must remain intact until the I-485 reaches the 180-day point. See, our August 12, 2003 article, BCIS Memo on I-485 Portability after I-140 Revocation. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. This issue is addressed in a USCIS memo discussed in our May 27, 2005 article, Yates May 2005 Memo on AC21 and I-140s, as well as our October 6, 2006 article, USCIS reissues AC21 Memo with Clarification. The risks are explained in more detail in the October 6, 2006 memo.
There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.
Never Worked for GC-Sponsoring Employer - Potential Fraud
Question 3. I never worked for my "green card" sponsoring employer. It was a future job offer. Can I use AC21 portability?
Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Employment-based green card applications are all based on the concept of a future job offer. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The best proof that a job offer is valid, however, is working for the sponsor. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. The safe approach is to avoid this scenario by working for the sponsoring employer.
New Job Can be "Similar" but Differ in Some Respects
Question 4. My new job has a different title, but the same basic duties as the job described in the labor certification. Will that work?
In our experience, yes. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. The AC21 law uses the terminology "same or similar job classification." The June 2001 guidance refers us to the DOL system of occupational classification as a guideline. The later May 2005 Yates Memo makes the same references. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. The DOL categories are generally fairly broad. In many situations, therefore, this does not present a significant problem. It is important to note that the duties generally govern, and not specific technologies, in most cases; though this could be different in a given situation.
Risk if Employer Revokes I-140 Petition before I-485 Pending 180 Days
Question 5. I am afraid that, if I change my job, my employer will try to harm my green card case. What are the risks?
This is, in part, addressed in Question 2. The employer does not control the I-485 application, since this is filed directly by the foreign national. The I-485 is based on the I-140, however, which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval. This does not prevent the case from being approved, however. Under the August 4, 2003 Yates memo, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If a NOID is issued, a response must be filed demonstrating eligibility under AC21. If the file contains documentation about the new job, the case should just continue being processed.
Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. One of the primary potential problems arises if an RFE is issued. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case.
Sponsoring Employer Has No Obligation to Revoke I-140 after Employee Leaves
Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?
No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Thus, employers had a valid reason for revocation in some instances. Now, there is often no reason or need to revoke an I-140.
Dipika
04-21 01:58 PM
Hi,
How do I check if there is an LUD on my case?
PD: Sep 2004 (EB3 India)
I-140 approved
I-485 applied
Go to www.uscis.gov and click on "Case Status Online" left side link,
https://egov.uscis.gov/cris/jsps/index.jsp
enter your Receipt Number, will show your case status. Repeat for I-140, I-485, H1B any status check.
How do I check if there is an LUD on my case?
PD: Sep 2004 (EB3 India)
I-140 approved
I-485 applied
Go to www.uscis.gov and click on "Case Status Online" left side link,
https://egov.uscis.gov/cris/jsps/index.jsp
enter your Receipt Number, will show your case status. Repeat for I-140, I-485, H1B any status check.