newbie2020
05-18 08:01 PM
We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
wallpaper #100161736 Hearts with Wings
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
suresh.emails
01-23 11:34 AM
Well,
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
2011 Hearts with wings and banners
lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
more...
leoindiano
03-17 10:45 AM
and years too...I am talking about cases with india-2004-PD only.
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
drirshad
04-20 02:59 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
more...
desi3933
02-18 06:57 PM
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
2010 MIANK004 Angel wings and heart
jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
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hetuweb
10-24 08:15 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
hair 18 hearts with wings,
valuablehurdle
05-06 11:48 PM
No they did not book any charges against me..How could they that? We did nothing illegal. It is just the whole episode took place ..It has shaken me and my family.
I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
Moreover, will this affect my Green card process if I start suing these govt. people?
I am just confused...
I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
Moreover, will this affect my Green card process if I start suing these govt. people?
I am just confused...
more...
eb3_nepa
05-14 01:44 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
You lied! ;). You posted one more time.
Fortunately or unfortunately on this forum, saying this is your last post doesnt make people become nicer to you :)
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
You lied! ;). You posted one more time.
Fortunately or unfortunately on this forum, saying this is your last post doesnt make people become nicer to you :)
hot Set Of Hearts With Wings
saketkapur
10-14 06:05 PM
I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.
Not a lawyer. This is not a legal advice.
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
Not a lawyer. This is not a legal advice.
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
more...
house Lovely pink hearts with wings
meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
tattoo you hearts with wings and
indo_obama
05-19 12:12 PM
Try to apply in another consulate . that might help. Otherwise as everybody has mentioned you are sufferring coz of the indian outsourcing giants who have abused every other VISA
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redddiv
07-11 08:03 AM
i liv ein boca raton
dresses drawings wings Wing heart
ras
05-24 12:26 PM
Can the IV (ImmigrationVoice) university award me a Ph.D please..... :D. I have been doing research on IV Forums for the last few years...
They are no lesser than any research being done in cozy labs out there...
They are no lesser than any research being done in cozy labs out there...
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makeup batch of hearts and wings
heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
girlfriend Screenshots Purple Heart Wings
kish006
12-27 09:13 AM
I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
hairstyles Grunge Hearts with Wings
kris04
07-06 07:44 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
prioritydate
07-25 12:11 PM
May be true if they are doing other work, like working on the Family based immigration. But here I am talking about dedicated I-485 application processors. This is just an assumption. I am sure that USCIS have lot of employees than our assumption. I am sure that USCIS is lot more capable, and it they genuinely wants to speedify the process, they could. I sincerely hope that USCIS, with it's new revenue that it is going to get in August, would add workforce to process applications in a timely manner.
bmoni
12-22 08:42 PM
I thought the same thing when i read it first time ...
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
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