arnab221
10-29 03:11 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
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I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
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crystal
07-06 11:03 AM
Your id reminded me of old cult movie "clockwork orange".
Please dont open new threads bro ..
Please dont open new threads bro ..
ashkam
07-27 12:59 PM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
You're kidding, right?
You're kidding, right?
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avi101
05-31 06:55 PM
From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
http://boards.immigrationportal.com/forumdisplay.php?f=121
Good luck.
more...
Rajwaitingon140
11-28 12:42 PM
My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
rolrblade
06-26 08:44 AM
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
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yogirajd
11-09 12:43 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
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makemygc
07-30 05:14 PM
Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.
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ashwinr
07-17 12:57 PM
Also, i traveled to Chennai & had no issues with immigration there.
I had switched jobs early last year and notified USCIS (AC21). I received a RFE for employment verfication in October and we responded to it before i traveled.
I had switched jobs early last year and notified USCIS (AC21). I received a RFE for employment verfication in October and we responded to it before i traveled.
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GreenCard4US
08-31 03:59 AM
I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?
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ivar
01-21 02:12 PM
Dear IV Friends,
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
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nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
more...
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angelfire76
03-21 09:59 PM
"USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
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transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
more...
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gc_kaavaali
08-08 12:22 AM
You cannot work on EAD...but if you apply for EAD replacement and if you received receipt, then you can work on receipt for 90 days. Hope this helps.
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
more...
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kishdam
02-01 01:37 PM
Friends / Gurus,
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Hi Shana,
I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.
Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.
(note: please see your PM)
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questions
06-09 11:15 AM
That's a lot of$ for me :)
Thank you for the advise.
Thank you for the advise.
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vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
veni001
07-09 01:46 PM
Remember not all job classification qualify for EB2, especially software related, check O*Net and then in this economy employer need to test the market and prove that he couldn't find a qualified american worker! Unless it's specialized skill i don't think it's easy!
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
sweet_jungle
10-23 01:34 PM
So is it conditional GC??
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
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