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  • p_aluri
    04-01 05:38 PM
    I am sorry to hear about your situation.

    Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.

    Did you try utilizing AC21 as your 140 approved and the 180days crossed?

    Again I am not a lawyer, please talk to experienced attorneys.

    Thank you,
    Aluri

    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..





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  • immi_enthu
    10-29 06:50 PM
    Do we have to go in person to the SSN office to apply for SSN based on EAD for a person who's on H4 before ?





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  • ras
    04-03 01:16 AM
    The letter is dated as
    Date: Jan 8, 2008

    and it mentions at the end

    'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'

    so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.

    If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?

    The reasons for delay are financial adjustments.

    He is now going to send the tax returns for 2007 which has been asked.





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  • GCNOMAD
    03-07 01:58 PM
    Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.

    The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.

    In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.

    Regards



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  • imm_pro
    05-20 01:13 PM
    http://www.humanevents.com/article.php?id=26605

    looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity..

    This is why we keep close watch on Congress. In a bipartisan effort accomplished quickly and virtually under the table, Sens. Diane Feinstein (D-Calif.) and Sen. Larry Craig (R-Idaho) -- in Senate Appropriations markup of the War Supplemental bill -- obtained approval of an amendment that would create an amnesty for illegal alien farm workers. The measure, called the Emergency Agriculture Relief Act, was added to the War Supplemental bill in a 17-12 vote last Thursday.

    Known as the AgJob amendment, the Feinstein-Craig measure revived instantaneously the controversy that caused conservatives to lash out at the White House and Congress last summer.

    The measure would grant temporary legal status to 1.35 million illegal immigrants and their families currently working in the agricultural field. The legislation was passed out of committee at the request of agribusiness interests who have been insisting that they need illegal aliens to harvest crops and run horse shows. The legislation is nothing less than �comprehensive immigration reform� on a smaller scale.

    What supporters of the amendment are calling �emergency� and �temporary�, opponents have labeled an �amnesty visa.� Sen. Robert Byrd (D-WV) said he considered the amendment amnesty and that �all these immigration issues should be addressed through the regular order."
    Sen. David Vitter (R-La.) opposes the amendment and said he will be working to remove it from the supplemental bill.

    �Instead of ensuring that American troops are provided with the tools and resources that they need to protect our homeland, some in the Senate have instead chosen to jeopardize this funding by inserting provisions that are -- at best -- counterproductive to the efforts of our military members,� said Vitter in a press release.

    According to Feinstein, the legislation is supported by the American Farm Bureau, the United Farm Workers, and other similar organizations but this is likely because it allows those employers to continue paying excessively low wages.

    Feinstein assured the Appropriations Committee that the bill was not an amnesty because it requires the individuals work at least 100 days a year in the agricultural industry for the next five years.

    �It is an emergency agricultural worker bill, which will give protected status to those workers who have worked in agriculture within the last 48 months,� she said, also noting that the U.S. would lose $5-9 billion to foreign competition without it.

    Those are the same arguments that we heard last summer. In truth, Feinstein-Craig DOES provide amnesty for an unknown number of illegal workers. It provides, as the Bush-McCain-Kennedy bill did, a path to citizenship for some illegal aliens.

    The amendment will go through the Senate this week as they consider the Iraq spending bill as a whole. At this writing, it isn�t clear that Senate Majority Leader Harry Reid (D-Nev.) will bring the measure to the floor for a vote.

    NumbersUSA, an organization fighting illegal immigration, called the amendment �outrageous� and urged constituents to contact their political leaders. They noted that because families can also obtain temporary legal status through the amendment, it could reach almost 3 million people.

    �The most important point to stress is that there is no need for an amnesty to provide growers with workers�there already is an H-2A foreign agricultural worker program that provides growers with an unlimited number of temporary workers if the growers agree to pay a decent wage and ensure that they go home at the end of the season,� said NumbersUSA news release.

    Some farming organizations, like the Northwest Growers Association, not only support the measure but don�t think it does enough. They claim the AgJobs amendment doesn�t do enough for illegal aliens because it includes an �unrealistic visa cap.�

    But the H-2A visa program exists and works without a cap. While Craig and others claim �oranges are rotting� on trees and needs illegal aliens to tend to our agriculture, places like the North Carolina Grower�s Association (NCGA, spotlighted on Michelle Malkin�s blog), oppose the amendment and have fared well with H-2A. NCGA utilizes H-2A to its fullest capacity as other agricultural organizations do not.

    Additionally, AgJobs would maximize H-2B visas (lower skill, non-agricultural seasonal workers) and push an influx of more illegal immigrants, which clashes with what the American people want. They demonstrated their disapproval of amnesty proposals last year by a bipartisan grassroots effort to kill the immigration reform bill of 2007.

    Sen. Barbara Mikulski (D-Md) also slipped in an amendment supporting illegal immigrants in the supplemental bill. Mikulski hopes to extend a program for temporary workers to re-enter the country without being subject to the limits on H2B visas. In a Congress Daily article, she said, "If you like Maryland crabs, vote for this amendment.�

    "It seems that the members of the Senate Appropriations Committee love our troops�but for entirely different reasons: they provide convenient cover for passing special interest legislation to benefit illegal aliens and powerful business lobbies," wrote Ira Mehlman, Media Director of the Federation for American Immigration Reform (FAIR) in an opinion piece yesterday.

    Mehlman also reported that Sen. Patty Murray (D-Wa.) added a provision that would include 218,000 visas for skilled foreign workers. Part of the problem is this: Right now, America�s population is 300 million. At the rate we are going with illegal immigrants (sped up by amendments like these), the US Census Bureau estimates the population will be 450 million by 2050. If a Democrat, entitlement-oriented government sinks its teeth in, taxes will be higher than ever and freedom will be in jeopardy.

    The Senate will begin debate on the supplemental bill tomorrow and is likely to vote on it before the end of the week. Some Republican senators -- including Alabama�s Jeff Sessions and others -- are working hard to expunge the illegal alien amnesty provisions. The only thing that may save the day is that the Democrats are including many of the antiwar measures that the president has vetoed in previous bills. If the bill passes, it�s likely to be vetoed.

    And Congress will be back to ground zero after Memorial Day.





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  • JunRN
    12-21 11:19 AM
    Posted by 3 hours ago

    "Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."

    http://www..com/discuss/485eb/78889113/

    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.



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  • seahawks
    09-09 12:59 PM
    ^^^ bump ^^^





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  • gc_peshwa
    10-11 02:13 AM
    Thanx Rajeev!
    Pappu
    Does IV have a stand on this one?



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  • needlotsofluck
    08-01 09:56 PM
    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485

    I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?





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  • pbojja
    08-04 04:18 PM
    [QUOTE=aamchimumbai;266413]All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!


    What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .

    I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .



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  • GCard_Dream
    10-09 04:10 PM
    I am not sure if you have done this already but if you have photoshop or any other photo editing software, just take your picture and do resize to 320 X 240. In photoshop, when I do image resize it gives me the new size option in inches and pixels. I pick pixels and specify 320X240 and bamm.. your image is ready. Let me know if that doesn't help.

    I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?





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  • jcrajput
    10-01 11:31 AM
    They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.



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  • gc_on_demand
    04-04 11:29 AM
    Can pls add poll to this by month. We atleast know 3 cases..

    i voted as sep 2007 from one lawyer posted that news.





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  • redelite
    08-27 05:18 PM
    haha, good to know I'm not the only one.. and Thanks guys! :D



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  • lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?





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  • kubmilegaGC
    09-11 02:49 PM
    This Poll is for EB2 applicant whose priority Date is current but are waiting for approval.

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.

    I

    Thanks for starting this..."waiting" guys please vote!



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  • raj2007
    02-18 01:36 AM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC



    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
    To your old employer

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.
    chk above





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  • gunsnkars
    10-17 12:10 PM
    Contract - Corp-to-Corp - Slave
    Contract - W2 - Slave
    Contract to Hire - Independent - Slave
    Contract to Hire - Last but not the least "SLAVE"

    "Any one with genuine answers"





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  • roseball
    04-03 02:49 PM
    I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008

    Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....





    pyaradesi
    01-10 12:09 PM
    Hi H1TechSlave,

    I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

    The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
    The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
    Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
    Now, this report was published in 2003, it has been buried for good reason.

    How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

    Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".





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