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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hydboy77
06-10 07:42 PM
You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
ragz4u
02-21 08:34 AM
From what I gathered, you were just being a messenger and if you look at my post, I have never referred to you in anything. All my answers were directed to hadron. At the same time its a little frustrating to us when people repeatedly keep on questioning our goals/legitimacy. Being a messenger, you bore the brunt from some of us :(
Hopefully you realize our situation and will keep on volunteering/contributing....
Hopefully you realize our situation and will keep on volunteering/contributing....
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fun
01-04 08:52 PM
A guy came to USA and brought his wife along.... his friend says... why do U have to bring something which is available here.... and here is a Guy with with two wives...:D:D;);):o
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sajimm
02-23 05:05 PM
I haven�t got a chance to see the actual RFE notice yet, but as per my lawyer it�s for the TB test. The doctor skipped the TB skin test and we both did the X-ray which came back negative.
Does anyone went to a different doctor that the one who initially took the test. I relocated since I took the test, and would like to avoid the 4hr drive.
Has anyone seen a different doctor after getting an RFE. Or should I have got to the same doctor.
Does anyone went to a different doctor that the one who initially took the test. I relocated since I took the test, and would like to avoid the 4hr drive.
Has anyone seen a different doctor after getting an RFE. Or should I have got to the same doctor.
srarao
07-19 03:00 PM
Hey it will not be a problem.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
more...
gclabor07
02-07 01:20 PM
Just wanted to let you know I posted my letter to WH and IV.
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gimme Green!!
06-20 03:42 PM
Isn't concurrent filing still available?
At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.
Now these GCs are getting aproved. So, don't worry.
At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.
Now these GCs are getting aproved. So, don't worry.
more...
Jaime
08-31 04:32 PM
Media always narrates and presents it in a form where the commoner can understand, it needs spice.
Let us hope that we get more media attention and people start listen to us.
That’s the key hereGuys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
Let us hope that we get more media attention and people start listen to us.
That’s the key hereGuys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
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ArunAntonio
08-31 08:15 PM
I am sure you will find more like you .. just look around and try to recruit more people.
Driving from CT with my wife on Monday evening, stay overnight in NJ and along with a friend to DC on Tuesday morning!:)
We are a selfmotivated lot with no blinders!:cool:
Driving from CT with my wife on Monday evening, stay overnight in NJ and along with a friend to DC on Tuesday morning!:)
We are a selfmotivated lot with no blinders!:cool:
more...
gc_on_demand
11-03 09:03 AM
During lame duck session , Dems will not push for CIR and Republican will oppose it.
They will come to compromise on Dream Act. Chances are there some pro legal - immigrant republican may add Visa recapture.
They will come to compromise on Dream Act. Chances are there some pro legal - immigrant republican may add Visa recapture.
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GCBy3000
12-12 05:03 PM
Reading the bulletin thread and prediction thread is good enough to prepare for GMAT problem solving area. I love these analysis and conclusions.
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
more...
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waiting4gc
07-02 03:39 PM
About 8K, filed initially in EB2RIR, then in perm.
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ars01
07-10 10:19 AM
How about boycotting CNN. The immigration community should boycott CNN. That will send a strong message to CNN with there current trouble with there rattings.
How would you do that? and how would media know about the boycott? What benefits would it bring?
How would you do that? and how would media know about the boycott? What benefits would it bring?
more...
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whattodo
07-27 02:57 PM
This is paranoa!!!!!!!! STOP already
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
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stldude
07-06 06:07 PM
watching NBC nightly news.. No mention yet... hmmmmmmmmmm..
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NKR
06-02 08:45 AM
Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week:
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.
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rolrblade
07-19 11:12 AM
Rolrblade,
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
No problem. I misunderstood too. Sorry about that! he has disappeared anyways. I believe he got his answers.
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
No problem. I misunderstood too. Sorry about that! he has disappeared anyways. I believe he got his answers.
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rb_248
01-31 12:18 PM
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
I hope with this funding mechanism they could hire more efficient people and get things done fast.
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
I hope with this funding mechanism they could hire more efficient people and get things done fast.
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
wellwishergc
04-10 07:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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