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walking_dude

03-28 10:39 AM

With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

Great job, IV team, in providing such a useful tool for the benefit of our community.

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yabadaba

01-26 10:59 AM

If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

Good Luck folks!!
TSC is june 21st for I-140

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kaisersose

10-15 03:04 PM

If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.


A top attorney's fee for sending an AC21 letter to the USCIS is $3000. I assume all competent lawyers would be priced similarly.

But he also adds it is not necessary to use his services for Ac21, if the case is simple and straightforward. If you feel there are some twists or ambiguities in your case, then it is best to pony up the dough and have a lawyer send the letter instead of you.

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kentsubra

10-10 12:06 PM

i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.

Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.

Hope you get yours soon.

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bsbawa10

01-23 06:17 PM

Since Ombudsman invited these. Here is a very big list of them.

1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.

2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?

3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.

4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.

5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?

Thanks.

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rocket

01-08 03:20 PM

you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.

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Nicki Minaj

h1techSlave

09-14 02:37 PM

This is a great idea. I would suggest that rather than saying we will collect $200K every month and distribute $100K as prize money. We can just distribute 50% total collection as prize money.

If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.

Please take your poll above.

Experts can add suggestions to help it construct.

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gemini23

07-02 03:07 PM

the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.


Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".

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vinabath

03-24 03:14 PM

list of some of the threads created by "vinabath" - how many do you see meaningful???

Thread / Thread Starter Last Post Replies Views Forum

No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM

what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM

What does the dots in my profile mean?
vinabath Today 02:00 PM

Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM

by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )

by vinabath 21 1,922 Priority dates transfers and Post 140-approval options
H4-H1 stamping in chennai- Visa renewal??


by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.

vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months

vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai

vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??


I am exposed now.

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acecupid

02-25 12:57 PM

LoL. No wonder she got caught. She is not only a thief, she is also stupid.
:rolleyes:

Whenever people post for their friend mostly likely its their own story. Good observation indeed.

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bkr

12-06 09:17 AM

My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.

HTH.

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go_guy123

08-24 04:52 PM

ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)

Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta

As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).

Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.

Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.

A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.

In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.

At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�

The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8

Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.

Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10

�Question 11. When is an I-140 no longer valid for porting purposes?�

Answer: An I-140 petition is no longer valid for porting purposes when:

1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�

It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.

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svm

03-09 11:53 PM

. I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document

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WaldenPond

02-09 11:03 AM

Hello,

Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.

I am not able to find any news/update on this.

Thanks,

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akhilmahajan

04-23 09:30 AM

I have not got my i140 approval yet........

but the Receipt i got for my i140 says:-

Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)

So, does that mean it is being processed for EB2.

thanks.

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nlssubbu

12-06 12:01 PM

I asked my attorney the following question. His reply is in caps:

Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

What is the feed back you guys have received from your legal counsels? Please share.

I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.

I also had not faced any issue while going out of US and my return as well.

This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.

Thanks

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go_getter007

12-12 07:53 PM

Could you please throw some light?

GG_007


Fellow IV members who have their GCs approved and some of those who are still waiting:

I have a few questions on how my brand new GC will help me in my situation..

My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

Thanks for your inputs

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gjoe

01-04 11:47 AM

NY DL will have your last date of legal residence (H1B expiry or I94 expiry) in big red fonts saying you are "temp visitor until ddMonYYYY. BUt your license will be valid for 5 yrs if it is you are applying for first time in NY state. If it is a NY state license renewal the license will renewed for the next 8 years. The only problem the bold , big and red font saying you are a temp visitor.

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485Mbe4001

09-03 07:51 PM

This was discussed earlier, as far as I understand they cannot approve a case if the PD is not current. This is a part of the internal clean up where they will identify cases...no help for EB3 I/C with old PDs

-- I was a security check victim for 2yrs and 9 months

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gcdreamer05

09-01 09:37 AM

hi sharadara,

Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.

If it allows you to work, then you can do telecommute and work and make money.

So the country of residence and your visa type dictates the same.

This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.

Thanks
Dreamer05

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ivjobs

11-09 08:33 PM

^^

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