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Source URL: http://gerberadaisyduke.blogspot.com/2011/06/world-war-1-map-europe-1914.html
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Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
wallpaper Central Europe - 1914
kumarc123
02-12 02:43 PM
I am the one who asked him that question. And you can see he doesn't have any proof.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
The million dollor question is,
what are we going to do about it?
What is IV going to do?
I am proposing a rally and hiring a lawyer to file a case. We group of people can hire Ron Gotcher or any other good lawyer to file a case. I am ready to give some money. But not to IV, as they have ignored all are comments and not done anything in recent months.
No rally, No public initiative.
grinch
03-02 06:24 PM
Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw
2011 During World War I,
neelu
12-11 05:09 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
more...
pcs
04-20 03:20 PM
Pl. send me the contact tel nos & names
sanju
02-18 07:17 PM
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
that's why you name is champu.
.
How about if I tell USCIS I am born here and never applied for Birth Certificate?
that's why you name is champu.
.
more...
eb3retro
08-20 11:39 AM
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
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greenlight
08-17 04:15 PM
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
more...
psk79
07-18 08:37 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
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saro28
07-12 06:48 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
more...
rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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nc14
10-19 11:03 AM
Sent mine on Saturday.
Keep this going folks we need to help ourselves.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
11.
Question: We have a number of date availability questions. They are:
a.
What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
(OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.
Keep this going folks we need to help ourselves.
http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
11.
Question: We have a number of date availability questions. They are:
a.
What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
(OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.
more...
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ak27
11-29 09:36 AM
Good Morning Everyone,
Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com
My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.
Thank you
Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com
My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.
Thank you
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logiclife
12-20 07:14 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
more...
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desi chala usa
09-18 02:32 PM
Reading the posts about the economy has just shown me how ignorant many of the IV members are.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.
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madhu345
12-27 06:51 AM
As many Airlines startes Non Stop services to India, why do we care abiut Transit visa.
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
I travelled American in May the service is pretty good, also Continental is pretty good.
-Madhu
more...
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thomachan72
07-05 03:14 PM
First of all Nixstor everybody here really appreciates your contributions and support for the community. However, we have to remember that when there is a need people will act. You did no harm by making this very important point. Ofcourse the site might not be converted to a paid one, but your post really brought out certain very important points to light and we really appreciate that. You are right there are many who benefit without contributing. But we have to remember that any efforts similar to this (IV) will cosist of a huge population. Out of that there will always be a percentage who will never contribute and some selfless people like yourself who always take the extra step to help others and in turn recieve help. If this site becomes paid many might simply cut of their visits. And I wont argue with you if you say that aint true. Personally I feel we might loose a lot of the memberships if that happens. Regarding the present fight against the uscis, I dont even think we are in need of that big a sum because the AILF is taking up the case free of cost (correct me if I am wrong). You may / may not contribute. They are already decided and they will fight. Now the drive for the future CIR if any, will go on slowly and can be increased as need arises. More than money what we need now is people sending out information to the media / politicians. Money comes last now, as far as I know.
girlfriend and enemies in World War I
gc_rip
09-09 12:36 PM
I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
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BharatPremi
03-12 12:02 PM
I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving
Yes, I believe, most companies (new employers - mid level) would not even ask and if requested and you can not provide then generally they may not make a big deal but underlying result for asking is to check if financial strength is "Good" and I-140 is approved then no problem hiring an EAD holder.
Yes, I believe, most companies (new employers - mid level) would not even ask and if requested and you can not provide then generally they may not make a big deal but underlying result for asking is to check if financial strength is "Good" and I-140 is approved then no problem hiring an EAD holder.
masouds
02-15 04:52 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
diptam
07-01 09:44 PM
Updated my profile.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
Source URL: http://gerberadaisyduke.blogspot.com/2011/06/world-war-1-map-europe-1914.html
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