.soulty
02-13 08:16 PM
think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
nomi
12-12 02:25 PM
I agree. Who or which department of USCIS has the authority to decide they will disallow concurrent 140/485 filing? If that department has the authority to make such a decision they probably have the authority to
1. allow filing of 485 without visa number availability,
2. allow people to start thaie name check process once 140 is cleared and everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? at the USCIS press release? May the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them out auggestions.
I totally agree with you. That`s what I am saying too. I am glad that you got my point instead of refering me to INT. There are ways and we have to find out. I think core team should guide us in right direction
thx.
1. allow filing of 485 without visa number availability,
2. allow people to start thaie name check process once 140 is cleared and everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? at the USCIS press release? May the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them out auggestions.
I totally agree with you. That`s what I am saying too. I am glad that you got my point instead of refering me to INT. There are ways and we have to find out. I think core team should guide us in right direction
thx.
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virald
07-18 12:34 AM
^^^^^^^^^^^^
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Jaime
09-10 04:00 PM
Look forward to meeting you in DC!!!!!
Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
more...
bodhi_tree
06-06 02:40 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
===========
Was your I485 Approval from Neb or Texas ?
===========
Was your I485 Approval from Neb or Texas ?
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Ineedsleep
01-29 02:41 PM
at last something Im not embarassed to submit!! like the 25 line code contest :hugegrin:
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h1techSlave
02-03 11:00 AM
I agree with you completely. Removing the country quota is one thing the lawmakers should be able to push through.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
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GCcomesoon
05-20 10:23 PM
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
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sanju
04-04 03:49 PM
are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks are foreigners and will definitely be competing against these "racist" ppl. Because of their principled stand, they continue to have clout.
So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
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kriskris
09-23 02:15 PM
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
more...
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sparky_jones
03-12 08:30 AM
This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.
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nixstor
04-04 10:34 AM
The truth is they already know that there are professors and research scientists who are in limbo. Its just unfortunate that every one has to ride the same boat. We need to call lawmakers to tell them how bad the situation is, contribute so that IV can reach the lawmakers through lobbying. If every one does the above two things, we will reach our goal faster.
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nomi
12-13 12:21 PM
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .
thx.
nomi
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .
thx.
nomi
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tampacoolie
06-30 09:44 PM
Suck some beer and get some good sleep yo.
Leave the delivery stuff to Fedex or UPS guys, else you will end up with traffic congestion in Lincon, Nebraska on Monday morning.
Leave the delivery stuff to Fedex or UPS guys, else you will end up with traffic congestion in Lincon, Nebraska on Monday morning.
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onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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FinalGC
11-22 12:45 PM
Yes you can use the old priority date. However, this is only possible if you have a copy of the old approved LC and 140.....
Clarification PD is based on the date of filing of the Labor and NOT 140.....
Clarification PD is based on the date of filing of the Labor and NOT 140.....
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tapukakababa
07-18 09:55 AM
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
I will call USCIS next monday if I dont hear anything before then..
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
hazishak
07-24 10:02 AM
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
pappu
02-03 10:52 PM
http://immigrationvoice.org/forum/showthread.php?t=23488
This is our immediate need. Could you pls help.
This is our immediate need. Could you pls help.
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