Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
whiteStallion
03-01 02:35 PM
Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.
shaq
08-11 09:34 AM
Pd - 01/30/06
Rd - 09/10/07
Rd - 09/10/07
fatjoe
10-24 02:20 PM
I was told that, if we do not see any activity for 90 days, then we can contact USCIS to raise a Service Request.
more...
locomotive36
07-02 10:02 AM
Prepaid taxis at the airport is the best. You dont have to haggle over prices, pay tips or commission or no such nonsense. Fixed rate based on distance. Govt prepaid and Fast track are good. Would suggest Fast track.. decent cars with decent prices.
Fasttrack is even recommended for local travel... reliable call taxi service.
As for hotels, if you are looking at hotels in and around 5 kms of Chennai Central railway station, you can look at areas of Egmore, Kilpauk and Nugambakkam. Aruna Inn in Nugambakkam is a decent 2-3 star. Try to find hotels in these areas and make a researvation thru makemytrip.com or yatra.com
Fasttrack is even recommended for local travel... reliable call taxi service.
As for hotels, if you are looking at hotels in and around 5 kms of Chennai Central railway station, you can look at areas of Egmore, Kilpauk and Nugambakkam. Aruna Inn in Nugambakkam is a decent 2-3 star. Try to find hotels in these areas and make a researvation thru makemytrip.com or yatra.com
gc007
06-30 09:39 PM
Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.
Thanks
Thanks
more...
snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
pandu_hawaldar
05-10 10:07 AM
applies to me too, as I came in this thread to read this post :D
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
more...
Reddy1576
07-27 10:17 PM
I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
krishnam70
03-25 07:55 PM
-
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
more...
superdude
07-21 11:08 PM
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
IN2US
07-27 12:16 PM
Congratulations :)
more...
jq45
06-15 10:49 AM
I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
gparr
June 25th, 2006, 03:50 PM
(No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
more...
go_guy123
05-30 11:56 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
immilaw
09-15 08:48 AM
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
more...
flyfishertoo
June 24th, 2006, 05:02 PM
Sounds to me like it might be dust on the sensor. Look at your manual to see if it describes how to clean the sensor.
Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !
Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !
ns33
03-12 10:39 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
I think you can - however, please get some legal consultation for that from a good lawyer.
I think you can - however, please get some legal consultation for that from a good lawyer.
HRPRO
02-10 09:29 AM
Dude Really?
LA and Bay Area in the same county?
LA and Bay Area in the same county?
gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
chanduv23
09-17 03:01 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
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