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  • dpp
    01-10 11:09 PM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.



    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 !





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  • Tito_ortiz
    03-08 12:34 PM
    I would add this one from Shangri-la, by Mark Knopfler:

    "We may never love again, listening to the music of guitars...". That's true. Enjoy your moment today.

    Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author


    Life is short, enjoy its every moment
    In Office and at Home, enjoy and just enjoy
    Did get Chicken Masala, be happy with fast food

    No time for gym today, walk a little and be happy
    Didn't see a friend today, watch TV and be happy
    Can't go to home country, make a call and be happy
    Somebody is upset with you, ignore/remember him and be happy
    You can't see him/her, listen to that voice and be happy
    That person can't be yours, just remember and be happy

    Planned to do MBA, so what if you are in software, be happy
    Didn't get Laptop, With desktop be happy
    Yesterday is gone, recall fond memories and be happy
    Worried about future, stay in dreams and be happy
    These times will pass, enjoy your present to the fullest and be happy

    Life is short, enjoy its every moment

    and may I add this one line

    Enjoy your today to the fullest
    who knows ..
    there may be no tomorrow

    ===============================
    Sanan has written this line
    Green Card nahin mila H1 me he Khush raho ??

    Translation: Didn't get Green Card, Be happy with H1

    =================================================

    This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!

    Here is a question for all those people who are good in Hindi --
    What is the english word for "punarchakravat" punar-chakra-vat
    Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.

    I will post answer in a little while.

    Enjoy





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  • kk_kk
    10-14 05:29 PM
    Consult a good Lawyer. I think there is some rule that you apply 485 for your spouse within 6 months of your 485 approval for her to join you.

    HTH





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  • rockstart
    08-20 08:36 AM
    I am not sure. There are two red flags I see in this argument. The first is that for your wish to come true next 4 years you need only 30K GC labor to be filed. But analyst are predicting recession to be over by this year end or 2nd qtr of 2010 after which hiring will start and also the whole GC process. The second argument is in 2009 we were in recession with 30K apps filed but we did not see any huge jump in EB2 numbers if this bulletin had put dates in 2006 range then we could have said that the spill was really large. Looks like the spill was not huge since every one knew that EB2I was always somehwere near 2004. all they did was put it all the way to cover entire 2004.

    Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?



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  • Desertfox
    12-11 01:06 PM
    Is there any conflict between 'India being great' and your 'GC application'? Its really not a smart thing to say that you missed it on purpose when your name is 'PERMFILING', you have 'EB2 in process' and you appealed on your EB1 application. :D:D:D

    I missed the train too.. I guess we missed on purpose which is we make RICH in our own country in the future

    Business as Usual. They are minting (milking) money with other services.

    Damn H1, GC,#$%#$%$%$%^%$^

    All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)


    Quotes on INDIA:

    a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.” - American Writer and Humorist Mark Twain

    “If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.” - French scholar Romain Rolland

    “India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.” - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).

    So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.”- Mark Twain

    “In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.”- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD

    “Bear in mind that the commerce of India is the commerce of the world and … he who can exclusively command it is the dictator of Europe.”- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]


    EB2- 10/05
    EB1 EA Appeal pending





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  • JunRN
    09-18 02:44 AM
    From Receipt Date. However, due to surge of application in July, there might be some delay this time and NSC may not meet the 90 days processing target.



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  • Biking
    06-04 12:03 PM
    Narrow-minded, selfish people like yourself took advantage of July 07 disaster and got your EAD when your PD viz EB3 Dec 2005 was NOWHERE CLOSE TO BEING CURRENT!
    And now you think people who ported their dates are abusing the system! Yeah right...

    Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.

    Well said.





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  • minimalist
    08-14 03:52 PM
    I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.

    However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.

    If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
    That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.



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  • HereIComeGC
    10-02 01:54 PM
    Thank you Hermione (Granger?)

    What about salary requirements? would it be okay if I get 20-30% lower
    salary? Do I have to be getting paychecks every month?



    Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!





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  • Dj-Studios
    05-25 04:07 PM
    I'll have to load some stuff onto and finish something for a client, but it will be finished tonight.

    Umm...... :-/



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  • s416504
    01-07 03:04 PM
    Following info may useful who are looking for SSN on H4

    Below is part of a message I posted in another discussion, but this deserves it own discussion. If you are a legal resident of the US, such as an H4, even if you are a child, and you have an ITIN, you can get a Social Security Number, because that is the only way to get the Economic Stimulus Payment.

    Be forewarned that the SSA will put up road blocks. You will likely be denied your first application. However, the law is clear and there is no cost to apply. You also have a right to appeal. A cover letter explaining why you have a RIGHT to a Social Security Number will help support your case. Your letter should refer to the laws and statutes cited below.

    The only way to get the stimulus payment is to obtain a Social Security Number for "non-work" purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to "any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds."

    Here are some documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit. Print these out and attach them to your application.


    Lawmakers


    Nancy Pelosi, Speaker of the House



    "Residents of the U.S. territories will also receive the benefit."



    Johnny Isakson, United States Senator from Georgia



    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.



    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy



    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.



    Senator Robert Menendez | Newsroom



    "Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit."



    News | Senator Pete V. Domenici



    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.



    EconomicStimulus2008



    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.



    Senate Finance Committee



    020808 Econ Stim Staff Summary.pdf (application/pdf Object)



    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�





    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) "Identification Number Requirement" states, "For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service."

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a "valid non-work purpose" results when the "law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement."

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, "This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return." [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to "take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers" [Section 205(c)(2)(B)(i)] and that all qualified individuals receive "financial relief" under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).





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  • tonyHK12
    11-12 05:46 PM
    asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.

    At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...

    Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.

    It looks like no one is watching the IV video posted above. The summary is:

    1. IV is a non-profit, and these orgs have very strict tax laws.
    2. If funds are misused, people can be put in jail and deported.
    3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
    4. Previous years annual reports are available.

    Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month

    The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
    Its not directly going to benefit me, I'm still a long way off.

    The person in the video is not me.



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  • 485Mbe4001
    07-31 07:01 PM
    According to my lawyer, " dont worry, USCIS routinely redistributes cases between offices to adjust its workload." (confirm with your lawyer too)





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  • Pallavi79
    12-19 03:43 PM
    Laid off 6weeks back. Attended 4 interviews. Outof luck.
    I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.

    Here are my excuses to not to get job.
    1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
    2.Functions(I was occupied to celebrate his 21st day).
    3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
    4.Holiday season.
    5.Economy.
    6.I am good at supporting my situation :) .

    Hopefully I will land some where by Jan Mid.



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  • ndbhatt
    02-21 08:45 AM
    Change of employer - H1B extension applied 10/04/2007. Approved on 12/19/2007 for self and family.

    I am not sure why there was LUD on 2/17/2008 just on my case # (not my wife) even though it was approved in December.





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  • nk2006
    03-16 02:25 PM
    All right points above - we dont need to try too hard to prove our (IV's) original objectives and ideals. If they (antis or others with questionable motives here) are really interested they can go thru the website. Being anonymous web forums, site will attract different types of users and some noise may be almost unavoidable. Having said that we might need some more active moderation - as the IV's popularity increases the website is bound to attract more diverse groups of users with newer agendas. Moderation by only core group of people is obviously time consuming to them (going thru different threads and sometimes even following what is being discussed). I am not sure if IV already has this but can we have a basic user reporting type system - wherein we can have a high level sticky thread requesting users to report any abuses/violations of IV terms - users can post report any voilations they came across in the site - core group and maybe a group of more volunteers dedicated to just concentrate on forum content can go thru this sticky thread on a regular basis and decide. Currently we do have a reputation mechanism and PM to core but its cumbersome. There could be false/improper complaints in the user reporting system as well but atleast core/web-forum-volunteers only have to go thru fewer threads.



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  • eb3retro
    09-24 11:39 PM
    I am a july 2nd filer, NE , originally I-140 approved from NE also, just got email that my EAD card production ordered today. Earlier got the same email from my spouse too...





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  • Nikith77
    03-09 03:34 PM
    If you do it in India. You will be back in Q just like GC here.

    Its better get it here.





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  • katewill
    10-07 10:10 AM
    if 110,786 cases are due to retro...
    then these cases are either (2nd China/India, 3rd, and other workers)??
    considering 140,000 visa numbers available, and other catagories being current, only portions these retro cases will get visa numbers by this year..

    no hope for PD advancement???





    roseball
    12-02 11:48 PM
    How many copies of RFE do they send? i mean do they only send one RFE notice to Attorney or do they send one RFE notice to Attorney and a copy to employer?? Can somebody tell me..

    Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....





    rockstart
    03-08 02:12 PM
    I am not a qualified attorney but based on my experience I have seen that 3 Yr degree are hard sell. There have been instances where people have been able to get their way but thats an exception not a norm. Same with PG Diploma. CIS does not consider that as an addition to your undergrad. If the PGD is unaccredieted then its going to be even more tough to sell. If you want to play safe you need to get a undergrad degree here (4 Year one) All other options might hit road block and add to your woes.



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