waiting4gc1234
01-10 04:43 PM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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nature
08-23 04:34 PM
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anilsal
08-31 10:34 AM
from IL?
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waitin_toolong
10-09 12:56 PM
you have to apply for extension hope you got the passport renewed.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.
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abcdefgh
12-14 12:46 PM
There are 2 things that you need to do and take time..
1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
2. Apply and get IELTS english score.. I think this has become standard now..
I had attached all the literatures that had been published on Finance and technical journals. In addition, I had US education with Masters. Still, they asked me to appear for IELTS.
If you native language is not English, IELTS is must.
1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
2. Apply and get IELTS english score.. I think this has become standard now..
I had attached all the literatures that had been published on Finance and technical journals. In addition, I had US education with Masters. Still, they asked me to appear for IELTS.
If you native language is not English, IELTS is must.
logiclife
11-12 07:38 PM
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
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svn
06-25 12:20 PM
All,
Please use this opportunity to contact Congressmen and White House - it's extremely easy and simple to do so! All you have to do is fill in your address and send a message which will automatically be faxed to each of the targeted Congressmen as well as the White House. I just spent the following message - feel free to use this as a template:
Subject: "What is the RoadMap for reforming Legal Immigration Process?"
Message: "I am writing today to express deep concern about the legal immigration process! Are you aware that there are over a million legal and highly skilled applicants,who have been working in this country legally and paying taxes, but are waiting in line for an Employment based Green Card, some for over 8 years? A majority of these Legal Immigrants have been impacted by horribly slow administrative processing by the Deparment of Labor between 2002-2006 which resulted in the pipeline for Legal Immigration becoming clogged at that time. Now that obstacle has been finally been cleared, the line of Legal Immigrants is coming up against annual limits to Legal Immigration (both overall and country based) followed by the USCIS. This is directly a result of the Deparment of Labor dragging its heels and holding up applications during over the years mentioned above, resulting in several hundreds of thousands of visa numbers going unused during that time. I request you to act now to relieve the pain and suffering of these Legal Immigrants by recapturing those unused Visa Numbers and allowing these Legal Immigrants to progress through the Immigration System.
This reform will strengthen the rights of all workers, value families, hold employers accountable, and move America forward. During the election, President Obama pledged to reform our nation's immigration laws in just this way. I am writing today because I want to see the plan to get this done.
Please let me know what the road map looks like to passing immigration reform. Our families, our communities, and our economy cannot wait any longer for this urgent reform.
Sincerely,"
LINK: http://americasvoiceonline.org/page/speakout/Roadmap
Just click on green "Participate" button to begin!
I cannot stress how important it is to send them these faxes so as to drive focus on the plight of Legal Immigrants!
Please use this opportunity to contact Congressmen and White House - it's extremely easy and simple to do so! All you have to do is fill in your address and send a message which will automatically be faxed to each of the targeted Congressmen as well as the White House. I just spent the following message - feel free to use this as a template:
Subject: "What is the RoadMap for reforming Legal Immigration Process?"
Message: "I am writing today to express deep concern about the legal immigration process! Are you aware that there are over a million legal and highly skilled applicants,who have been working in this country legally and paying taxes, but are waiting in line for an Employment based Green Card, some for over 8 years? A majority of these Legal Immigrants have been impacted by horribly slow administrative processing by the Deparment of Labor between 2002-2006 which resulted in the pipeline for Legal Immigration becoming clogged at that time. Now that obstacle has been finally been cleared, the line of Legal Immigrants is coming up against annual limits to Legal Immigration (both overall and country based) followed by the USCIS. This is directly a result of the Deparment of Labor dragging its heels and holding up applications during over the years mentioned above, resulting in several hundreds of thousands of visa numbers going unused during that time. I request you to act now to relieve the pain and suffering of these Legal Immigrants by recapturing those unused Visa Numbers and allowing these Legal Immigrants to progress through the Immigration System.
This reform will strengthen the rights of all workers, value families, hold employers accountable, and move America forward. During the election, President Obama pledged to reform our nation's immigration laws in just this way. I am writing today because I want to see the plan to get this done.
Please let me know what the road map looks like to passing immigration reform. Our families, our communities, and our economy cannot wait any longer for this urgent reform.
Sincerely,"
LINK: http://americasvoiceonline.org/page/speakout/Roadmap
Just click on green "Participate" button to begin!
I cannot stress how important it is to send them these faxes so as to drive focus on the plight of Legal Immigrants!
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qplearn
10-20 04:58 PM
My colleague filed 140&485 in August. Her case was sent to TSC. So far her 131, 765, and 140 approved. Also, she has done her FP. What a different! I was wondering what's the purpose of "bi-specilization"??
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
BTW, it is awfully quiet here nowadays.
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
BTW, it is awfully quiet here nowadays.
more...
meridiani.planum
12-14 02:41 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
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DDash
11-18 05:35 PM
Reduce the base salary and take the difference as a bonus
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Slowhand
08-16 04:57 PM
It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.
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lazycis
12-19 03:41 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
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lecter
February 4th, 2004, 08:58 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the gorgeous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossy mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.Based on this Steve, would it be safe to say that a 1D. as is, would still be a viable product to have on the shelves (notwithstanding that it would effect sales of the new one and that's why they don't)? I think there is room for a 1D in it's current MP capacity, but with the 1D Mark II improvements.. (Shooting RAW at 4MP that is)
Thoughts?
Thoughts?
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desidude
05-07 03:19 PM
One of my friends had similar denial. He approached Sheela Murthy, they did appeal MTR for him... later he got approved... Make sure you go with a good lawyer who can bring you out of the situation... I know, it would cost you little money but it's worth trying especially if your PD is pretty old... BTW, what is your priority date and 140 filing date?
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
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Steven-T
January 30th, 2004, 10:46 AM
George, the manufacturing jobs have gone to China, and more IT jobs are going to India. We are bleeding; come down here and see it yourself!
Steven
Sorry, I take this back; this is a photography forum. I just can't help to see an additional 18% of the people are going.
Steven
Steven
Sorry, I take this back; this is a photography forum. I just can't help to see an additional 18% of the people are going.
Steven
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gc_aspire
05-24 12:54 PM
Done! Good Job IV Core Team...
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realist
01-27 09:21 AM
I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
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gemini23
09-26 02:18 PM
I got my pp renewed at NY 3 months ago. i took regular passport size photos from local walmart. no special requirements. Also, if you are going in person, there is a instant photo booth in PP office, there you can take your passport photos. dont count on it though, some times its out of order.
PM me , if you need any additional details.
PM me , if you need any additional details.
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go_guy123
02-08 01:49 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
The EB backlog is out of control now....eventually people will realize and take the necessary
decision of leaving US.
The EB backlog is out of control now....eventually people will realize and take the necessary
decision of leaving US.
reachag
05-24 01:06 PM
Sent
laborchic
06-18 10:35 AM
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I am sure there are more services like these which will be helpful for us.
Guys: Please share out the info you have.:p
I am sure there are more services like these which will be helpful for us.
Guys: Please share out the info you have.:p
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