Mentol Blog's

what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

Any pointers would be highly appreciated-

thnx
-A

I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

No.

Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.

anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.

How long does it take to get the actual card after approval notice is sent.

Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?

A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

This poll results is from his viewers who are already biased against any sought of immigration. And to add this is not a scientific poll. Plus no one cares about his polls

Karthik

Here are my details. I hope EAD comes in before this month end.

New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

Sree

What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

They also banned the labor substitution premium processing over night without any notice. :rolleyes:

Now with this new bill drama we can't predict anything.

guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

http://murthy.com/bulletin.html

hoping big forward move.:D

Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D

We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

1. passport
2. US visa or approved I-797
3. Proof of residence in US (house tax bill etc.)
4. Air itinerary
5. Completed visa application form
6. 2 passport size photos
7. $36 per person visa fee

The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.

You could send payment to
donations@immigrationvoice.org paypal account for any
amount that they would like to contribute. If you want to contribute 50$, then this is a good option

This would require for them to have paypal account.

why dallas why not chicago lock box

This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community

I got my first FP on July 31 2008- code 2 after waiting one year. Then on Aug 16, I got another FP for Code 1. no LUD yet
Thanks

I am freaking out thinking that my application fell behind a desk somewhere....

That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)

Regards,
IK

W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.

I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"

Very helpful man, thanks.

and yes, it would be helpful to have this somewhere in a prominent spot on IV..

ICICI is worst when it comes to exchange rates:

I have used many transfer services in past years so far and these are worth mentioning.

In Order of exchange rates:

-SBI Online (Now simple to register too and very nice one)
-Remit2India (has specials, but careful they don't fullfill it)
-HDFC (Internally uses same service of remit2India)
-CityBank
-ICICI
-Western Union

Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.

:D

Guys:

Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

SEC. 501. EARNED ACCESS TO LEGALIZATION.

(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

Link

http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

Gurus, any comments? Wouldn't this be great??

Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

Any thoughts???

At your own risk unless you perform other 'important' stuff like coding, debugging and testing as part of your job functions apart from IT Project Management.

I would speak with my future employment HR and ask them enhance the designation to the one that matches what you specified in your labor.

I assume he can use the AP after October 2008 for his travel--correct?

As as dated Oct 12, 2008, on or after this date.