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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lost_in_migration
01-18 07:25 PM
I have sent the letter to President as well as IV.
mheggade
12-28 01:21 PM
I wish good luck to all of July 2nd filers (including me) who plan to opt for AC21(freedom).
:cool:
:cool:
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chi_shark
10-27 12:03 AM
Have you ever been illegal?
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
more...
devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
sina
12-20 01:32 PM
No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
more...
bsbawa10
08-07 07:21 AM
PD April 2004
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
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guyfromsg
06-27 11:37 PM
Since lot of people go to Costco for passport photos and the specs are similar I'm using them. Photos look good the place holder for the photos shows the specifications i.e. face size and you can place the photo next to it and verify.
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help_please
07-13 06:24 PM
By the way, AILA reports the bill numbers for the Dream Act as follows (the bills were introduced in both house and senate)...S. 774 and H.R. 1275...it doesn't mention anything about being below 30, z visas, or being undocumented...!!!
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bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
more...
rahulpaper
11-27 08:00 PM
Count me in...No FP
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jitnair
08-05 09:43 PM
PD: Sep 15, 2004, EB2
NSC, NC Cleared: July 22,08
RD of 485: 08/13
Status::rolleyes:
140 Approved (TSC): 04/24/08
NSC, NC Cleared: July 22,08
RD of 485: 08/13
Status::rolleyes:
140 Approved (TSC): 04/24/08
more...
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poorslumdog
09-10 08:43 PM
Guys,
Sorry to deviate from PMP...since its related to certification I am posting it here...
If anyone of you here in SAP, Oracle apps, JDE...this might be useful. I have APICS CSCP (Certified Supply Chain Professional) books all four volumes in very good condition. I have cleared the exam today and putting it for sale. If you need please send me private message. I will donate 10% to IV. I am listing it here as there are lot of guys in IT and working in ERP. So please dont give me red.
Thanks.
Sorry to deviate from PMP...since its related to certification I am posting it here...
If anyone of you here in SAP, Oracle apps, JDE...this might be useful. I have APICS CSCP (Certified Supply Chain Professional) books all four volumes in very good condition. I have cleared the exam today and putting it for sale. If you need please send me private message. I will donate 10% to IV. I am listing it here as there are lot of guys in IT and working in ERP. So please dont give me red.
Thanks.
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yash04
08-01 12:09 PM
mine reached at 10-23 am -2 nd july,by some armstrong guy..no receipt yet,no check cashed
I just checked - mine was L.Armstrong too....
I just checked - mine was L.Armstrong too....
more...
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rayen
05-30 12:27 AM
Done.
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webm
10-30 03:01 PM
PD: EB3 ROW, Apr 2004, Current now
I-140 :Approved on Mar 2006
Invoked AC21 on September and sent all necessary docs. No LUDs then.
I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).
Now check this out:
Soft LUD on I-140 on 10/15/2008.
Soft LUD on I-485 on 10/24/2008.
Soft LUD on my spouse's I-485 on 10/27/2008.
Soft LUD on I-485 on 10/29/2008.
Soft LUD on I-140 on 10/30/2008.
Soft LUD on I-485 on 10/30/2008.
I am clueless! Somebody please help me! :confused:
good luck for you!...looks there might be some activity going on with your case or it could be a just routine update..we never know..keep hope.. :)
I-140 :Approved on Mar 2006
Invoked AC21 on September and sent all necessary docs. No LUDs then.
I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).
Now check this out:
Soft LUD on I-140 on 10/15/2008.
Soft LUD on I-485 on 10/24/2008.
Soft LUD on my spouse's I-485 on 10/27/2008.
Soft LUD on I-485 on 10/29/2008.
Soft LUD on I-140 on 10/30/2008.
Soft LUD on I-485 on 10/30/2008.
I am clueless! Somebody please help me! :confused:
good luck for you!...looks there might be some activity going on with your case or it could be a just routine update..we never know..keep hope.. :)
more...
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eb3India
05-22 04:18 PM
logiclife,
I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,
I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,
I care less these days, but don't make to loose respect for IV
I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,
I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,
I care less these days, but don't make to loose respect for IV
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jediknight
04-22 04:34 PM
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
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Lasantha
12-26 02:51 PM
EB2 visa numbers are not given to EB2... Are those number given to EB3 ROW ?
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
gc28262
03-03 06:10 PM
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
viveckj99
09-30 04:24 PM
applied 07/13,Nebraska
fp aug 02
mine approved 09/26
cards received on hand 09/29
total days:~73 days.
wife EAD approved on 09/29,still waiting for mail.
fp aug 02
mine approved 09/26
cards received on hand 09/29
total days:~73 days.
wife EAD approved on 09/29,still waiting for mail.
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