chanduv23
11-08 03:07 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
see my blog http://immigrationvoice.org/forum/blog.php?b=12
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
see my blog http://immigrationvoice.org/forum/blog.php?b=12
wallpaper tsunami japan 2011 10 Must
bp333
03-04 11:11 AM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
sameet
02-19 11:27 AM
I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?
2011 2011 earthquake in Japan,
learning01
04-25 01:56 PM
Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
more...
desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
WAIT_FOR_EVER_GC
09-04 08:14 PM
T
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
i think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to usa in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the eb2 route and are happy and some in eb3 have only gloom before them.
This in my opinion has helped smart folks among us:
- they applied for gc as soon as possible. Those who waited did not give importance to greencard as soon as they started a job in usa are now paying for their mistakes. During the initial days of career i have seen people saying that gc is not important to them etc but when their h1b is about to expire they panic and get desperate for green card.
** even if a person starts the gc process in the initial days, he/she may find another better job than what they are doing now. You can't just stay with a desi blood sucker if your gc process has been started by that company.
Someone who has applied in june 2002 under eb3 never thought that he/she will be stuck for so long. This is because of the amnesty given by the bush administration in 2001.
This is pure luck.**
- before pre-perm era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like ca, ny etc suffered due to labor backlogs and far from getting greencard in hand.
** in pre-perm era some companies started opening dummy companies in states like delaware, maine, iowa, nebraska .. Etc, and applied labor from those states. Few people were lucky that they could get through this route.
One of my friend got stuck using this route, he had to change the company as uscis had
started questioning the companies.
If you are talking about getting hired by a company who is based out of such states is very difficult because these states do not have much jobs in the information technology sector.
- any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for gc as soon as the employee joined it. And i have seen posts where people had to wait for several years before company applied.
** every desi blood sucking company till now tries to take as much advantage as possible and will file the gc when there is no other go.
- people who took advantage of the labor substitution got faster labors. Some could take advantage of eb2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- smart folks took the risk and changed jobs wth eb2 job requirements, so that they can file in eb2. Such folks with 2007 pd are happy today and people with 2003 pds in eb3 will have to wait for a long time.
- if you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
** what type of action are you talking about. Who has the money to hire another lawyer to fight against these people. The only action one could have taken is to leave the company. But as a matter of fact all the desi companies are the same.
If you are talking about getting hired by big companies then tell me seriously how many companies are willing to go through the paper work and file h1-b. During the 2001 recession tell me how many big companies were hiring.
A drawback of the big companies is that if your are fired you loose your gc process, if you are working for a consulting company you have option of consulting and your greencard process is still intact.
- many folks have said that they thought they were in eb2. But found they are in eb3. This shows another weakness of our community and lack of awareness. Iv forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file i485 in july 2007 due to iv effort. Imagine a 2004 eb3 india person without ead today? How will he survive a job loss on h1b in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
being vocal is another story
-
more...
svr_76
08-18 11:03 AM
If they start processing/approve I-140, they will immi get bombarded with I485/EAD/AP applications. So they are trying to artifically stem down the workload they might get. Also this gives them a chance to clearup the 485 queue ... :-)
2010 earthquake in japan 2011
ashutrip
06-22 12:08 PM
I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
what is ur pd?
what is ur pd?
more...
computer_gig
08-11 11:04 AM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
hair earthquake struck Japan#39;s
rockstart
10-01 11:28 AM
I dont understand your H4 expiry date shoud be tied to your husbands H1 date. So if your DL expires then automatically his DL should also have expired.
Hi folks,
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
Hi folks,
I'm a desperate house spouse(H4) and now not only I can't work but I can't drive either because the current visa expires on May 10 and the new extension is not here yet. The folks at DMV didn't wanna give an extension for the DL unless I bring a new I 94. Now the poor H1 has to do 2 jobs
1. work his but off at work to get GC
2. drive the kids up and down, do the shopping, etc etc because the desperate h4 can't move a finger.
Anyone in the same barrel?
Please give some toughts.:rolleyes:
more...
natrajs
09-11 04:37 PM
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
hot +and+earthquake+japan+2011
inspectorfox
07-19 05:02 PM
http://www.imminfo.com/resources/cissop.html
Does anyone have the SOP for I-140?
Does anyone have the SOP for I-140?
more...
house Earthquake in Japan 2011
FaniMiBanana
07-24 10:45 PM
If somebody is sending this letter, please do not send it without taking care of word-suggested corrections. There are too many green lines, most of the times because of spacing between two words.
OP - My intention is not to offend you but to point out the need for improvement in the document.
Don't worry! EB-3 is supposed to be low-skilled so nobody is going to frown at grammatical or typographical errors. :)
(For those who lost their sense of humor, this is a joke. I'm EB-3 too.)
OP - My intention is not to offend you but to point out the need for improvement in the document.
Don't worry! EB-3 is supposed to be low-skilled so nobody is going to frown at grammatical or typographical errors. :)
(For those who lost their sense of humor, this is a joke. I'm EB-3 too.)
tattoo Japan Earthquake amp; Tsunami
amit_sp
05-15 05:21 PM
I would recommend to shop around more. There are some banks who ask quetions such as visa status and other documentation and then there are some which don't. In my case; Citibank quoted for 0.5 additional rate due to my visa status but ING didn't.
more...
pictures Japan Earthquake and Tsunami
gc28262
08-23 10:28 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".
dresses Earthquake+in+japan+2011+
InTheMoment
04-26 10:10 PM
onemay,
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
Don't lose it yet...when was the extension applied ?
Extensions these days take less than 60 days for sure.
Also if you have a home-country license, you can always use it as a time gap arrangement :)
So you can always move that finger !
more...
makeup japan-earthquake-tsunami-2011
villamonte6100
04-02 12:12 PM
villamonte6100 please read the first statement again - I was agreeing with D-E-D that USCIS IS GOOD...
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
girlfriend earthquake struck Japan#39;s
funny
09-15 04:27 PM
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
My dear friend "GCtest"
There are two really important threads going on on IV.
1.IV call campaign HR 5882
2. Give me a HIGH FIVE.
Before using IV's resoruces and knowledge available from all the members available on IV, did it ever occur to you to contribute "+vly" on these 2 threads...I am asking +ve contribution here... because u are really good at contributing -vely on the forum.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
My dear friend "GCtest"
There are two really important threads going on on IV.
1.IV call campaign HR 5882
2. Give me a HIGH FIVE.
Before using IV's resoruces and knowledge available from all the members available on IV, did it ever occur to you to contribute "+vly" on these 2 threads...I am asking +ve contribution here... because u are really good at contributing -vely on the forum.
hairstyles Japan 2011 Earthquake
pointlesswait
04-30 04:57 PM
when i said ..dont expect any improvement..i get a red dot..bummer!
this was just an eye wash...typical bureaucratic BS..
this was just an eye wash...typical bureaucratic BS..
Ravneetsingh
10-01 12:59 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
vin13
03-04 04:45 PM
Both my wife and I got RFEs in October for medical test and now the status shows "Case Resumed".
How do you find out if your case is Pre-Adjudicated?
How do you find out if your case is Pre-Adjudicated?
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