GCVictim
08-20 10:36 AM
Is there anyone who went out of US with old AP and returned with new (renewed) AP?
Please share your experience.
Thanks.
Please share your experience.
Thanks.
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poorslumdog
03-17 08:43 PM
Why the bloody hell are you guys judging him for what he has done? He only asked for some advise regarding immigration implications of his situation.
I do not think any of you who is beating him down like this has any right in doing so. I bet that each and every one of you have done more mistakes than Mr.Sahaayam did. You just were never caught. You must have done more filthy things than 'shop lifting'. I'm sure you have all lusted after women, watched porn, frequented strip clubs and drank a lot of filth. Some of you might have slept with more than one woman.
Don't you think these are more filthy than shoplifting? Guys come on! I would not have any problem if one of you who has never committed any mistakes in life would point out other people's mistakes. But none of you are good enough.
If anyone wants to reply to my post, I would like the first person to do so to be the one who has never committed any mistakes in life so far! Others please get lost.
I watching this for sometime�I couldn�t resist from posting.
Is there any law stating you can not sleep with more than one woman and can not apply for GC� or anyone here who slept with more than one woman pleading guilty and asking for help?
Accidents do happen. But if you intentionally did something and trying to blame others without any shame� No one forced him to steal at gun point or he was not starving or life or death situation here. There is no regret or remorse from him for what he has done. His only point is others are lucky and not getting caught but only he is. I guess that�s what infuriating every one here.
Why dont tell the same thing to the cops and jury... Let him who is without sin cast the first stone
I do not think any of you who is beating him down like this has any right in doing so. I bet that each and every one of you have done more mistakes than Mr.Sahaayam did. You just were never caught. You must have done more filthy things than 'shop lifting'. I'm sure you have all lusted after women, watched porn, frequented strip clubs and drank a lot of filth. Some of you might have slept with more than one woman.
Don't you think these are more filthy than shoplifting? Guys come on! I would not have any problem if one of you who has never committed any mistakes in life would point out other people's mistakes. But none of you are good enough.
If anyone wants to reply to my post, I would like the first person to do so to be the one who has never committed any mistakes in life so far! Others please get lost.
I watching this for sometime�I couldn�t resist from posting.
Is there any law stating you can not sleep with more than one woman and can not apply for GC� or anyone here who slept with more than one woman pleading guilty and asking for help?
Accidents do happen. But if you intentionally did something and trying to blame others without any shame� No one forced him to steal at gun point or he was not starving or life or death situation here. There is no regret or remorse from him for what he has done. His only point is others are lucky and not getting caught but only he is. I guess that�s what infuriating every one here.
Why dont tell the same thing to the cops and jury... Let him who is without sin cast the first stone
jetflyer
07-02 10:24 AM
I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
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desi3933
06-25 11:27 AM
Desi3933 - Thanks for the helpful information.
I will talk to the employers for the next steps.
You are welcome. Good Luck.
I will talk to the employers for the next steps.
You are welcome. Good Luck.
more...
Carlau
06-18 10:53 AM
Where have your read that?
ashkam
12-31 02:30 PM
I find your ideas illogical, but I respect your opinion. Those who seek God will find Him.
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
The question isn't whether God exists, the question is, how probable is God's existence and since it is extremely improbable, it would be a mistake to assume his existence. Read Dawkins for more information.
Also, your revolutionary war anecdote appears to suggest that God is American. Why is the rest of the world worshiping him then?
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
The question isn't whether God exists, the question is, how probable is God's existence and since it is extremely improbable, it would be a mistake to assume his existence. Read Dawkins for more information.
Also, your revolutionary war anecdote appears to suggest that God is American. Why is the rest of the world worshiping him then?
more...
saketkapur
09-22 03:17 PM
Unlimited calling on the Now network is my way to go......... :D
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hebron
05-29 01:52 PM
Agreed the statement "Indian Americans are brilliant" is too much generalisation, but Many of the immigrants from India and China are here because they are highly educated, so they put a lot of emphasis on academics, as a sports star might on his/her children in sports, likewise a movie star.
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
Its better to be guided by aspirations than to be misguided by carelessness.
Well said...
more...
sachug22
08-31 11:24 AM
I ran another poll in Sept 2008 (after last years EB2 India approvals).
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/poll-381-a.html
There were 7% (8) 2003(+pre) cases, down to 1% good sign.
There were 20% (77) 2004 cases, now 25%(100) cases (we may have more 2004 members of in IV now or this is due to EB3->EB2 porting).
2006 and 2007 numbers are consistent, same percentage since last poll.
good idea. A google search beings up:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/6128-trying-to-find-where-eb2-india-might-land.html
almost the same sized sample (~450)... this was right before the july 2007 fiasco, but includes 485 not-yet-filed, so is in essence the same thing as this poll.
2003 got somewhat cleaned up (used to be 15% is now 1%)
2004 is more or less same, of slightly higher (98 votes (24%) now. was 84 votes(20%) then)
so looks like big improvement in 2003, but 2004 barely changed overall?
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/poll-381-a.html
There were 7% (8) 2003(+pre) cases, down to 1% good sign.
There were 20% (77) 2004 cases, now 25%(100) cases (we may have more 2004 members of in IV now or this is due to EB3->EB2 porting).
2006 and 2007 numbers are consistent, same percentage since last poll.
good idea. A google search beings up:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/6128-trying-to-find-where-eb2-india-might-land.html
almost the same sized sample (~450)... this was right before the july 2007 fiasco, but includes 485 not-yet-filed, so is in essence the same thing as this poll.
2003 got somewhat cleaned up (used to be 15% is now 1%)
2004 is more or less same, of slightly higher (98 votes (24%) now. was 84 votes(20%) then)
so looks like big improvement in 2003, but 2004 barely changed overall?
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makemygc
07-06 10:20 AM
Hey guys,
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
I have a question to all of you...
AILA prepares the lawsuit and some (probably most) of the lawyers are supporting that.
For several days I keep hearing that WHEN you file (in July) is not important and I am wondering how that could be true...
I understand that the people who filed on July 2nd are beneficiaries of this but in my mind, everybody who files after falls under a different category because technically they would file after the revised bulletin was announced therefore have no argument. I understand that everybody else prepared (legal fees, medical exam and so on) and they are affected even if they didn't file but I am wondering how that can be justification enough after the dates (retrogression) were announced.
I am trying to understand why they say that it does not matter when you file. They need more people to back this up or is just so they can justify billing you for their work...
Is just scary, how many people play with our hopes and I need to understand if this is just to serve somebody's interests or it is what it is .
Please post your 2 cents ...
Thanks !
AILA has expanded the definition of the plaintiff to cover all the july filings but it does not mean that you will be beneficiary if you have just filed in July. You either have to be a plaintiff or member of the class action (if judge allows). That also does not guarantee that you will get the benefit if lawsuit is won. As per AILF, only limited number of visa will be made available upon winning the lawsuit and that will cover only people who filed early in July. All depends upon number of visa made available, number of applications filed and out of those how many are part of class action lawsuit.
See this excerpts from immigration-law:-
The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
more...
Wendyzhu77
12-30 05:53 PM
Actually, contrary to your understanding, I think the officers denying the DL application understands immigration law. Submitting an extension application absolutely does not mean you have had the extension, since it might be well rejected. Issuing the DL can only be based on approved documents.
Your luck actually lies on meeting some officer who does not understand immigration law, or any law, thus give you a chance to slip through.
This is a problem because the DL people do not understand the immigration law. I was in a similar situation 2 years ago in Iowa. Tried to explain to the manager of the office, but got a lecture on how good their public transport system is. Then I went to another DL office in a rural county. The counter clerk refused, asked to see the supervisor who agreed to extend for 6 months by which time my extension came through.
Your luck actually lies on meeting some officer who does not understand immigration law, or any law, thus give you a chance to slip through.
This is a problem because the DL people do not understand the immigration law. I was in a similar situation 2 years ago in Iowa. Tried to explain to the manager of the office, but got a lecture on how good their public transport system is. Then I went to another DL office in a rural county. The counter clerk refused, asked to see the supervisor who agreed to extend for 6 months by which time my extension came through.
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immi2006
10-23 09:13 PM
What is ur PD ? and ur 140 dates ?
more...
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god_bless_you
03-01 12:44 PM
I am sending my second contribution by Check today!
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
Yesterday night I have send around 100 emails to my friends and collegues here in USA regarding the efforts IV is making and helping out ! Some of them are already got their GCs but they know the Pains during this process.,
I requested all of them to pass information to other immigrants friends!!
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singhsa3
08-13 10:25 PM
Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
more...
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slammer
01-13 12:51 PM
Guess we'll have to wait till March/April to bring some movement ?
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vina92
02-23 03:31 PM
What our wonderful Rehman said were not simple words but very powerful. All our lives
we have the choice between love and hate. He chose love over hate and he reached the pinnacle of his career. It's a great honor to be recognized by the best of the artists in the world, as the greatest. It's no simple feat. It takes lifetimes to get there!
It's a beautiful message said in simple terms and all of us should try to follow it!
He made India proud at Oscars and all Indians are very proud of him. Time to rejoice.
He did prove that music and art have no barriers.
I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion.
I wish all countries take inspiration from it.
we have the choice between love and hate. He chose love over hate and he reached the pinnacle of his career. It's a great honor to be recognized by the best of the artists in the world, as the greatest. It's no simple feat. It takes lifetimes to get there!
It's a beautiful message said in simple terms and all of us should try to follow it!
He made India proud at Oscars and all Indians are very proud of him. Time to rejoice.
He did prove that music and art have no barriers.
I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion.
I wish all countries take inspiration from it.
more...
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antihero
03-15 09:45 PM
Why did you do it? Oh why why why?
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belmontboy
03-15 10:01 PM
Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Any visa form or I-94 form at POE will contain a section for declaring these.
Yes, you have to indicate. If you don't and they findout it would constitute perjury leading to revocation and possibly complicate your life further.
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Any visa form or I-94 form at POE will contain a section for declaring these.
Yes, you have to indicate. If you don't and they findout it would constitute perjury leading to revocation and possibly complicate your life further.
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ars01
07-09 01:32 PM
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
vinodp1978
06-28 04:12 PM
Yes i understand that and intend to file I-765 with my 140/485 next week.
Macaca
09-22 02:55 PM
Seek
first to understand,
then to be understood
Stephen Covey
first to understand,
then to be understood
Stephen Covey
