dilbert_cal
05-10 02:17 AM
Answer inline in RED.
Even I was interested in similar scenario.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
If your 485 is pending for less than 180 days, you are taking a risk. Its a calculated risk but most of the time there are no issues. In such a case , you will join a new employer and continue the process. If a RFE is raised within the 180 day period, you are in trouble. But realistically, your case is hardly worked on in the first 180 days. Once 180 days have passed, you can use AC21. A lot of people have done it in the past - and have been lucky.
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
If you absolutely want to do everything from scratch, yes you can withdraw your application. But its not a requirement to restart the clock until you have to.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
No issues on your next 485 filing.
Any response will be appreciated.
Even I was interested in similar scenario.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
If your 485 is pending for less than 180 days, you are taking a risk. Its a calculated risk but most of the time there are no issues. In such a case , you will join a new employer and continue the process. If a RFE is raised within the 180 day period, you are in trouble. But realistically, your case is hardly worked on in the first 180 days. Once 180 days have passed, you can use AC21. A lot of people have done it in the past - and have been lucky.
2. From my understanding, the process needs to restart. However, do I have to do something to withdraw pending I-485.
If you absolutely want to do everything from scratch, yes you can withdraw your application. But its not a requirement to restart the clock until you have to.
3. Will it be termed as denied I-485 and create problems if I apply new I-485 with new employer?
No issues on your next 485 filing.
Any response will be appreciated.
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mirage
02-11 03:16 PM
I agree with you 100%. As this is true, lawmakers are very well aware of our grief, but none of them is saying it. They want to oppose legals in the name of opposing illegal immigration bills. If you look at CIR in 2006. First they put legals in the bill with illegals, then they oppose illegals, ultimately the result is no legal immigartion too. Nothing is getting passed in the congress for the legal immigration. what does it tell ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
pappu
10-16 09:11 AM
If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
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Macaca
09-11 04:19 PM
Chains of habit
are too light to be felt
until they are
too heavy to be broken
Warren Buffet
are too light to be felt
until they are
too heavy to be broken
Warren Buffet
more...
ajay
05-22 07:01 PM
I am preparing I131 (AP) renewal application for me and my family. For my son, who is 8 years old, do I need to fill "Part 9. Signature of Person preparing the form, if other than the applicant" since I am preparing this form? OR can I just sign Part 8 on-behalf of my son?
G-28 form says it needs to be filled in case if you use Attorney or Representative. Just wondering whether I need to fill a G-28 form for the above AP renewal application for my son since I am filling Part 9 in his application.
Can somebody clarify? Thanks for your help.
I don't know if you are filing online then I am sure that you don't have to go through all these hassles. I filed two times for all of us online and I got AP in 3 months both times.
G-28 form says it needs to be filled in case if you use Attorney or Representative. Just wondering whether I need to fill a G-28 form for the above AP renewal application for my son since I am filling Part 9 in his application.
Can somebody clarify? Thanks for your help.
I don't know if you are filing online then I am sure that you don't have to go through all these hassles. I filed two times for all of us online and I got AP in 3 months both times.
snathan
02-09 09:35 PM
Is english speaking required to qualify for EB2 ? who diminished the country image ? In our company Indians are highly regarded and yes most of us work for desi companies . Dont blame others just becasue your company dont sponsor in EB2.
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
more...
sledge_hammer
01-13 10:57 AM
Hello,
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
I have a few questions regarding the application for AP for a dependent, and I would appreciate it if someone would answer them.
1. If the dependent is applying for AP, should I include the primary applicant's I-485 in the application packet?
2. The dependent has an EAD. Is it necessary to include copy(ies) of the EADs with the AP packet?
3. If the previous AP has expired, is the applicationo process for a new AP different from that if a non-expired AP is being renewed?
4. I was reading in some threads that the $305 fee will be waived if there is a pending I-485. Is that correct?
Thanks in advance!
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smuggymba
03-27 09:58 AM
In real life, when resources become less and scarce - even blood relatives fight and kill each other. We here don't even know each other.
The only solution is to create more resources to avoid fighting - Please donate for advocacy days and hopefully we won't need to be in the mess any longer.
The only solution is to create more resources to avoid fighting - Please donate for advocacy days and hopefully we won't need to be in the mess any longer.
more...
Totoro
01-29 08:32 PM
I just made a new post about how the new stimulus is going to be denied to immigrants again. Please view the new thread here:
http://immigrationvoice.org/forum/showthread.php?t=23399
http://immigrationvoice.org/forum/showthread.php?t=23399
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suniel2008
05-19 07:13 PM
keep it coming guys greatwork IVBelow is the response I receieved from senetor, not sure if my email was read becuase I don't see any word about legal immigratnts in the response,
-------------------------------------------------------------------------------------
Thank you for taking the time to share your views regarding immigration. I would like to take the opportunity to respond to this important issue.
There are currently over 38 million foreign-born individuals living in the United States, which accounts for nearly 13 percent of the total U.S. population. Nearly one-third of this foreign-born population is estimated to consist of undocumented or illegal residents; a clear indication that our immigration system is broken. While a number of bills have been introduced concerning various elements of immigration reform, the issue has yet to come before the full Senate. I am currently evaluating a number of policy options, and will remain mindful of your thoughts on this subject as we proceed in the 111th Congress.
Again, thank you for taking the time to share your concerns with me regarding this issue. It is an honor and privilege to serve the people of the great State of Florida in the United States Senate. I take great pride in being a native Floridian, and I look forward to the tremendous opportunity to better the lives of all Floridians. I assure you I will work hard to represent our state to the best of my ability in the U.S. Senate. If I can be of any further help to you, please do not hesitate to contact me.
-------------------------------------------------------------------------------------
Thank you for taking the time to share your views regarding immigration. I would like to take the opportunity to respond to this important issue.
There are currently over 38 million foreign-born individuals living in the United States, which accounts for nearly 13 percent of the total U.S. population. Nearly one-third of this foreign-born population is estimated to consist of undocumented or illegal residents; a clear indication that our immigration system is broken. While a number of bills have been introduced concerning various elements of immigration reform, the issue has yet to come before the full Senate. I am currently evaluating a number of policy options, and will remain mindful of your thoughts on this subject as we proceed in the 111th Congress.
Again, thank you for taking the time to share your concerns with me regarding this issue. It is an honor and privilege to serve the people of the great State of Florida in the United States Senate. I take great pride in being a native Floridian, and I look forward to the tremendous opportunity to better the lives of all Floridians. I assure you I will work hard to represent our state to the best of my ability in the U.S. Senate. If I can be of any further help to you, please do not hesitate to contact me.
more...
saimrathi
07-03 04:01 PM
Never mind.. your name suits you...
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
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desi3933
03-21 12:11 AM
Employer 2
MAR-2005 to MAR-2008
Employer X
JUL2006 to JUL-2009
Applied 485 in JUL-2007
Applied EAD in JUL-2007 along with 485. Valid from 09-2007 to 09-2008
Applied another EAD in 2008 before 1st EAD expires, which is good until 2010
thank you.
Great!
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
MAR-2005 to MAR-2008
Employer X
JUL2006 to JUL-2009
Applied 485 in JUL-2007
Applied EAD in JUL-2007 along with 485. Valid from 09-2007 to 09-2008
Applied another EAD in 2008 before 1st EAD expires, which is good until 2010
thank you.
Great!
With this info, your attorney can easily demonstrate that you were authorized to work for "Employer 2" at all times since last entry in the USA until date of filing for I-485.
There is nothing to worry about, IMHO.
Good Luck.
more...
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Tito_ortiz
12-01 02:34 PM
From talking to dozens of people I have met in my MBA program, including folks from MIT, Harvard, etc my lesson tells me this:
If you work in financing or executive positions - for example if you plan to work as a financial analyst at Wall Street - then yes, it makes sense investing in schools which are highly ranked.
For those of us coming from IT related positions and now aspiring to move into project management roles, even IT directorship or CTO position, then ranks become very, very irrelevant. I agree at that point a good MS in information management or MS in telecommunications would be a better deal followed by inexpensive PMP type of courses which you could pay from your own pocket.
If you get an MBA from Sloan or Wharton or Harvard or Berkeley, nothing like it. I know of few people who have not done very well after getting MBAs from these schools. If you want to continue writing comp. programs, then of course there is no need for it. But how many people want to do it forever?
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
If you work in financing or executive positions - for example if you plan to work as a financial analyst at Wall Street - then yes, it makes sense investing in schools which are highly ranked.
For those of us coming from IT related positions and now aspiring to move into project management roles, even IT directorship or CTO position, then ranks become very, very irrelevant. I agree at that point a good MS in information management or MS in telecommunications would be a better deal followed by inexpensive PMP type of courses which you could pay from your own pocket.
If you get an MBA from Sloan or Wharton or Harvard or Berkeley, nothing like it. I know of few people who have not done very well after getting MBAs from these schools. If you want to continue writing comp. programs, then of course there is no need for it. But how many people want to do it forever?
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
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nomorelogins
11-28 09:21 AM
I was under the impression that unused visas of one category ( EB/F ) may be used for the other category ( F/EB ) for the next year.
Please correct me if I am wrong.
Also I have no idea what that number exactly is. It is pbly somewhere in the uscis ombudsman report. Just too lazy today morning to look it up :D
Please correct me if I am wrong.
Also I have no idea what that number exactly is. It is pbly somewhere in the uscis ombudsman report. Just too lazy today morning to look it up :D
more...
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TeddyKoochu
09-30 12:16 PM
I had a good experience with AI when I travelled with them. Flight was near empty, everybody had 3 - 4 seats to sleep on in economy class. Service was ok. Now they offer non stop flights at a great price, I would seriously consider them, overall well worth the price.
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jkays94
07-21 08:43 PM
I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
more...
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walking_dude
10-17 05:16 PM
Needless to say, I'm Coming.
I will also get a copy of 'IV Talking Points' given as part of DC Rally, some docs to get started on some immediate action items, and get us started on activities.
I also volunteer to take 'Minutes of the Meeting'.
I will also get a copy of 'IV Talking Points' given as part of DC Rally, some docs to get started on some immediate action items, and get us started on activities.
I also volunteer to take 'Minutes of the Meeting'.
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guy03062
03-17 03:34 PM
Senator Frist Bill's bill excluded the controversial Temporary Guest Worker Program and Earned Adjustment of Status of Illegal Alien Program. Does it mean it is the end of these programs in the Senate? Nope! Frist's bill would go directly to the full Senate, but reportedly he said he would allow Senate Judiciary Committee Chairman Arlen Specter, R-Pa., to substitute a committee bill if Specter's panel can approve one by March 27. Otherwise, the majority leader will stick to a strict, two-week schedule to finish work on what he conceded would be "as challenging a bill as any we'll have to address this year." Senator Bill Frist certainly has dropped a bombshell, making his colleagues totally stunned, but there is a good chance that the Temporary Guest Worker Program and the Earned Adjustment Program eventually adopted by the Judiciary Committee on Monday, March 27, 2006 and the Committee's final compromise bill put on the center stage on the floor of the Senate.
The good news is that for the gain of politics or not, the comprehensive immigration reform legislation may move fairly in good pace to some observer's surprise. Legal immigration and employment-based immigration reform are clinging on the edge of the politics involving on these two issues.
Source: http://www.immigration-law.com/
The good news is that for the gain of politics or not, the comprehensive immigration reform legislation may move fairly in good pace to some observer's surprise. Legal immigration and employment-based immigration reform are clinging on the edge of the politics involving on these two issues.
Source: http://www.immigration-law.com/
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kams
06-19 07:50 PM
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
I have gone through the text of old bill (page 265) and new bill (page 291). There is no difference b/w the two.
I believe cut off date will be Jun 19, 2007.
Please read page 286, line 40-44 and then read Section 502 d, on page 291 line 40-44.
Sigh...
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
I have gone through the text of old bill (page 265) and new bill (page 291). There is no difference b/w the two.
I believe cut off date will be Jun 19, 2007.
Please read page 286, line 40-44 and then read Section 502 d, on page 291 line 40-44.
Sigh...
Abhinaym
01-13 09:26 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
That is absolutely right. I would also extend the argument from the perspective of the sponsoring employer.
The excessively longer wait would make the employer biased against hiring people from retrogressed countries with similar skills/experience.
Especially since this is an employment based category, I believe your line of argument should work!
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
That is absolutely right. I would also extend the argument from the perspective of the sponsoring employer.
The excessively longer wait would make the employer biased against hiring people from retrogressed countries with similar skills/experience.
Especially since this is an employment based category, I believe your line of argument should work!
hopefulgc
03-05 10:09 AM
excellent idea!
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
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