Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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While having Vayalar Ravi talk to US Govt. on social security taxes is a good idea having him talk about retrogression is a very bad idea.
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
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Please mail me at IL AT immigrationvoice DOT org
Need your name, email address, phone, PD, EB2/EB3,Country.
I will call and verify.
Hi, I did respond your e mail, but because i am new to forum features, It was somewhat later than your request. In response I sent you my email, contact phone and if u need more, just call me. Im willing to contribute to the chicago chapter since I live downtown.
Thanks.
Need your name, email address, phone, PD, EB2/EB3,Country.
I will call and verify.
Hi, I did respond your e mail, but because i am new to forum features, It was somewhat later than your request. In response I sent you my email, contact phone and if u need more, just call me. Im willing to contribute to the chicago chapter since I live downtown.
Thanks.
Yes
Exactly why I want to wait for AP, fear of H1B visa rejection
Exactly why I want to wait for AP, fear of H1B visa rejection
It seems that a solution to a case like that would be the SKIL bill or an amendment to this existing H lawAgree with that. But your language in previous message is completely unacceptable. It was like reading something on NumbersUsa.:(
My college got his I140 approved just in 2 months with normal processing. He filed in EB2-I. Mine was also approved last year in 2 months in EB2-I. Does the location from where are you applying affect processing time?
Not necessarily , But it does depends on what is load of work at a given time at given location. TCS was ahead of NSC last year but they shifted workload from NSC to TCS so now TCS is little behind. But once TCS cleans up all files it can go ahead. Processing dates are nothing but indication for when to open a Service Request at local office. If your case is behind that date you can open SR.For straight forward cases approvals comes fast. For those who are stuck they should monitor Processing time and see if their app is lagging behind proc time. They should contact USCIS.
Not necessarily , But it does depends on what is load of work at a given time at given location. TCS was ahead of NSC last year but they shifted workload from NSC to TCS so now TCS is little behind. But once TCS cleans up all files it can go ahead. Processing dates are nothing but indication for when to open a Service Request at local office. If your case is behind that date you can open SR.For straight forward cases approvals comes fast. For those who are stuck they should monitor Processing time and see if their app is lagging behind proc time. They should contact USCIS.
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One of my colleagues got audit for two consecutive years and he received his green card last month.
Do you think he will get his case approved on the spot after interview as dates will be current at that time?
If yes, then it is worth the tension we are having.
If yes, then it is worth the tension we are having.
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News Clips won't help much. Better to get some documents from your Company that shows it really is on the downside like financial statements. However, make sure you also have a proof that when they applied for I-140 and you applied for GC, the company is still in good financial status; that is was only later that the company suffered losses.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
This came in the newswire today about the challenges being faced in UK amongst the people who entered UK under the high skilled immigration program. Do do our stories in US have any similarity here?
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
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I am in same boat. sent to lock box on 5/4.
till now no receipt.
till now no receipt.
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my computer is still on repair, and I really want to participate on that battle (I already lost one because of that), I know that soul is going to win :P but battles are fun:)
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The Forums are not secure as they are watched by anti immigrant groups. Key communications like this can only be through state chapters as the membership to the state chapters are secure. Please contact a chapter that is nearest to you. If not PM me your phone number and contact info, I can pass it on to my state chapter (IV Tri-state) and have someone contact you with information.
This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.
You are right. Thanks for the great job in the chapter
This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.
You are right. Thanks for the great job in the chapter
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This is not typical, this guy sounds like a scam, ignore..................This is not a family court.According to Mislim crap,you can marry as many as you wanted, you can divorce some saying talak over the phone.This is not some thing rational, stupid muslim crap, i dont understand why every one is eager to help him.
In Bhagavathd gita there is a situation like this, the holy man with his followers go for "biksham" (beg) to house to house. One rich women says all kind of worst words to the holy man and to his followers. In that situation, the holy man walks away from her house to next but the followers will continue to fight with her. After some time, the followers say to the holy man that "we are fight for you and you walk away without giving the support..."
The holy man says, my goal is different than yours.
So, when you login next time focus to help if you can. Btw, no religious or no race will teach bad things on the face of the earth. It all depends on your interprettations which nobody can change not even god because god gave you the freedom to think whatever you want to and he will not restrict you to do good or bad things in your life (which may be called as freedom). If you pursue on anything, you will achieve the same with success most of the times.
In Bhagavathd gita there is a situation like this, the holy man with his followers go for "biksham" (beg) to house to house. One rich women says all kind of worst words to the holy man and to his followers. In that situation, the holy man walks away from her house to next but the followers will continue to fight with her. After some time, the followers say to the holy man that "we are fight for you and you walk away without giving the support..."
The holy man says, my goal is different than yours.
So, when you login next time focus to help if you can. Btw, no religious or no race will teach bad things on the face of the earth. It all depends on your interprettations which nobody can change not even god because god gave you the freedom to think whatever you want to and he will not restrict you to do good or bad things in your life (which may be called as freedom). If you pursue on anything, you will achieve the same with success most of the times.
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Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
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Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
thanks, i will give a try for this option i did not knew that....thanks again..
Local offices are usually accomodating if there is a genuine issue.
thanks, i will give a try for this option i did not knew that....thanks again..
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If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
Check below responses.
Using AP for travel is losing H1B Status?
Nope. You can continue to work on H1 eventhough you use AP for re-entry.
Also dependent GC applicant using EAD means losing primary applicant H1B Status?
Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.
Please let me know?
Thanks
Using AP for travel is losing H1B Status?
Nope. You can continue to work on H1 eventhough you use AP for re-entry.
Also dependent GC applicant using EAD means losing primary applicant H1B Status?
Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.
Please let me know?
Thanks
