pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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sriramkalyan
10-12 10:32 AM
My Priority Date Sep 2002 EB3
According to LC, my labor got approved on Aug 9th, but we received actual paper on Sep 9th .. So lost the chance to FILE 485
DOL took more than a month TO send papers ..
There is no point in blaming IV . They are the BEST ..
It is US Govt agencies who are lazy and ineptitude.
US did not get Civil Rights in one year .. it took decades of fight ...
IV is fighting for every one ..
According to LC, my labor got approved on Aug 9th, but we received actual paper on Sep 9th .. So lost the chance to FILE 485
DOL took more than a month TO send papers ..
There is no point in blaming IV . They are the BEST ..
It is US Govt agencies who are lazy and ineptitude.
US did not get Civil Rights in one year .. it took decades of fight ...
IV is fighting for every one ..
abhijitp
01-23 02:03 PM
Just got 3 co-workers to sign the letters. People are more than willing to help the cause, you just need to approach them, you will be glad you did!
2011 Zooey-Deschanel-Wallpapers (21
shivapb80
06-05 10:01 AM
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
more...
amitga
06-24 02:30 PM
Schumer Says Immigration Reform Will Happen - Roll Call (http://www.rollcall.com/news/36228-1.html)
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
ksircar
07-23 12:11 PM
I need some help with my daughter�s EAD and AP renewal (e-filing) applications.
Here are the details. She came to US on H4 (I am the primary applicant, on H1B). As she was going to age-out in July 2007, she was transferred to F1 in April 2007. Fortunately, she was able to file I-485 in June, 2007 and got her EAD and AP. In 2008 she went abroad and came back to US using AP.
For I-765 EAD renewal (e-filing) what should be her response to following questions?
1. Manner of entry to US (visitor, student etc.)
2. Current Immigration Status (visitor, student etc.)
3. Please select your eligibility status
Similarly, for I-131 AP renewal (e-filing) what should be her response to following questions?
1. Class of admission
2. Date of intended departure
3. Expected length of trip
Also, for AP renewal does she need to write a letter to USCIS? If so, can someone provide the format of the letter?
Thanks in advance.
Here are the details. She came to US on H4 (I am the primary applicant, on H1B). As she was going to age-out in July 2007, she was transferred to F1 in April 2007. Fortunately, she was able to file I-485 in June, 2007 and got her EAD and AP. In 2008 she went abroad and came back to US using AP.
For I-765 EAD renewal (e-filing) what should be her response to following questions?
1. Manner of entry to US (visitor, student etc.)
2. Current Immigration Status (visitor, student etc.)
3. Please select your eligibility status
Similarly, for I-131 AP renewal (e-filing) what should be her response to following questions?
1. Class of admission
2. Date of intended departure
3. Expected length of trip
Also, for AP renewal does she need to write a letter to USCIS? If so, can someone provide the format of the letter?
Thanks in advance.
more...
posmd
04-01 07:01 PM
Sent mine.
Lets get to 400 before monday.
Remember guys numbersUSA are planning to show up at senators offices monday. The lease you can do is fax!
Lets get to 400 before monday.
Remember guys numbersUSA are planning to show up at senators offices monday. The lease you can do is fax!
2010 In 1999, Zooey made her film
virald
11-06 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
This isn't neccesarily true for AP. I saw the same status, but my lawyer got AP approvals.
more...
GCAmigo
12-21 07:55 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
hair Zooey Deschanel
wahwah
06-05 01:04 PM
i think we probably oughta wait for some lawyer to give an explanation. i know for a fact previously you could port without an approved I-140. My lawyer supported the decision.
But if this memo actually means that you need to have an approved I-140 prior to porting then what happens to people who actually ported w/o I-140 being approved? I don't know.....I am a little nervous now.
Also, it'll be interesting to find out when will this memo become effective? I assume its May 30 as that was when the memo was written.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
But if this memo actually means that you need to have an approved I-140 prior to porting then what happens to people who actually ported w/o I-140 being approved? I don't know.....I am a little nervous now.
Also, it'll be interesting to find out when will this memo become effective? I assume its May 30 as that was when the memo was written.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
more...
aroranuj
04-16 03:31 PM
That is accurate I have done 10+2+1+3
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
hot Zooey Deschanel (Actress)
stupendousman11
01-12 11:55 AM
Slight clarification to the new regulations:
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
Based on the "If they return from the USA after having used the visa" exemption, you don't need a transit visa for the USA-Germany-India leg. But for the return you'll either need an AP+transit visa OR a valid USA visa.
This exemption (and regulation) is the same as that for France. And I just traveled to India and back (in Dec2010) through Paris on expired USA visa and therefore know the above to be true (at least for France).
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house Zooey Deschanel
pinx
02-05 03:05 PM
soul, that is simply amazing.
tattoo Photo: Zooey Deschanel
hydboy77
06-02 06:30 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
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pictures Zooey Deschanel
EBX-Man
05-12 08:54 AM
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
That is because he does not have the drive and initiative that you have ...
That is because he does not have the drive and initiative that you have ...
dresses Zooey-Deschanel-Wallpapers (59
Lisap
08-22 11:00 PM
Thats what IV is trying to do. Sitting in your holes will not achieve anything. Speak up[/QUOTE]
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
When I joined this forum it was to look advice on my case and to offer help when I could. No one has ever taken the time to explain what the objectives of the Core are. What I see alot of are #1 asking people to contribute and #2 members complaining about people asking their questions in the wrong area or opening too many threads. Someone needs to explain fully what Core is doing and list ways for the members to help. I would love to help if I can. Unfortunately I don't have a lot to offer financially being that my husband and I are living off one income. I wish I could go to the rally but I cant afford to do that either. There must be some way that I can help- stuffing envelopes or something- anything. But what I would love to see is an explanation of what it is the Core is trying to accomplish and a set of guidelines for posting if possible because I am so sick and tired of seeing "please close this thread"
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makeup Zooey Deschanel Wallpaper by ~huebkov on deviantART
nag2007
10-11 04:25 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
EB3 RIR March 2005.
girlfriend Zooey Deschanel (Actress)
cagedcactus
09-15 07:07 AM
You see, not all the folks that receive gc are able to utilize the benefits.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
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snhn
09-14 03:40 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Thanks!
GCBy3000
06-19 04:21 PM
If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
styrum
01-19 06:46 PM
Sent mine today, asked three imm. lawyers I personally know to forward the link to their clients, asked all my US friends to sign.
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