adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
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...
wallpaper Uma Thurman – Hairstyles
coloniel60
08-16 01:24 PM
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
sparky_jones
09-27 04:53 PM
I filed at NSC, got transferred and receipted at CSC, then got transferred to TSC. See my ginature for details
ANYONE else in this queue.
ANYONE else in this queue.
2011 Uma Thurman
eilsoe
02-02 06:44 PM
Dan: Was it the trout-eating werm? :beam:
pom: Yeah, he REALLY amazed me with those shadows as well... I can't decide right now.. I need more time...
pom: Yeah, he REALLY amazed me with those shadows as well... I can't decide right now.. I need more time...
more...
saggi13
02-18 10:03 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
madhu345
05-22 04:28 PM
May be its a message for every one on ther other side of the border to sneak in :)
more...
dtekkedil
07-06 04:23 PM
Sorry to hear someone hurting this much!
2010 UMA THURMAN DOES BRITISH
pappu
12-31 01:48 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
more...
ganguteli
04-19 03:33 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
hair Uma Thurman takes on
JunRN
06-05 02:03 AM
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
more...
jfredr
08-31 03:38 PM
Good Find
hot uma thurman hair images
abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
more...
house Uma Thurman Hair Styles - Get
sgupta33
01-15 09:58 AM
^^^^
tattoo Uma Thurman, ideas for curly
CADude
07-27 05:25 PM
Good one!!
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
Read the two stories for break.
THE BEST LAWYER STORY SO FAR
One afternoon a lawyer was riding in his limousine
when he saw two men along the roadside eating grass.
Disturbed, he ordered his driver to stop and he got
out to investigate.
He asked one man, "Why are you eating grass?"
"We don't have any money for food," the poor man
replied. "We have to eat grass."
"Well, then, you can come with me to my house and I'll
feed you," the lawyer said.
"But sir, I have a wife and two children with me. They
are over there, under that tree."
"Bring them along," the lawyer replied. Turning to the
other poor man he stated,
"You come with us, too."
The second man, in a pitiful voice, then said, "But
sir, I also have a wife and SIX children with me!"
"Bring them all, as well," the lawyer answered.
They all entered the car, which was no easy task, even
for a car as large as the limousine was.
Once underway, one of the poor fellows turned to the
lawyer and said, "Sir, you are too kind. Thank you for
taking all of us with you."
The lawyer replied, "Glad to do it. You'll really love
my place. The grass is almost a foot high
STORY 2:
Mom comes to visit her son Kumar for dinner.....who lives with a girl
roommate Sunita. During the course of the meal, his mother couldn't
help but notice how pretty Kumar's roommate was. She had long been
suspicious of a relationship between the two, and this had only made her more
curious.
Over the course of the evening, while watching the two interact, she
started to wonder if there was more between Kumar and his roommate than
met the eye.
Reading his mom's thoughts, Kumar volunteered, "I know what you must be
thinking, but I assure you, Sunita and I are just roommates." About a
week later, Sunita came to Kumar saying, "Ever since your mother came to
dinner, I've been unable to find the silver plate. You don't suppose
she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."
So he sat down and wrote :
Dear Mother:
I'm not saying that you 'did' take the silver plate from my house, I'm
not saying that you 'did not' take the silver plate.. But the fact remains
that it has been missing ever since you were here for dinner.
Love, Kumar
Several days later, Kumar received an email from his Mother which read
Dear Son:
I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
you 'do not' sleep with Sunita. But the fact remains that if she was
sleeping in her OWN bed, she would have found the silver plate by now
under the pillow...
Love,
Mom.
Lesson of the day:
Don't Lie to Your Mother...........especially if she is Indian !
more...
pictures Uma Thurman keeps her blonde
akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
dresses Uma Thurman - Transformation -
LC2002
09-21 02:12 PM
Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.
more...
makeup Uma Thurman
gsc999
09-20 07:20 PM
Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
---
Did you guys know that Drona had a sprained ankle and she was on crutches when she landed at Dulles airport. Can you imagine the amount of commitment it takes to do this? Just amazing.
---
Did you guys know that Drona had a sprained ankle and she was on crutches when she landed at Dulles airport. Can you imagine the amount of commitment it takes to do this? Just amazing.
girlfriend Uma Thurman is going to be
quizzer
08-14 07:42 PM
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
hairstyles Uma Thurman – Hairstyles
WillIBLucky
06-19 02:26 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
thomachan72
05-17 10:12 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
dsairam
10-10 05:10 PM
After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".
And no I don't own or am affiliated to one.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".
And no I don't own or am affiliated to one.