nlssubbu
12-18 04:43 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
wallpaper Wallpapers gratis Linkinpark
inder123
11-05 05:38 PM
Any one with july 3rd recvd date at NEBRASKA recvd AP?
Mine is July 2nd received date at Nebraska. I got my A/P just today. My attorney had no info about it. I got it directly.
Mine is July 2nd received date at Nebraska. I got my A/P just today. My attorney had no info about it. I got it directly.
ras
08-29 01:39 AM
We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
2011 Linkin Park desktop wallpapers. Linkin Park free hq wallpapers. Linkin Park
willwin
07-03 11:23 AM
EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
What you could possibly see at end-of-tunnel are:
Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.
OR
EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.
OR
you (and everyone in EB3 I) would be asking the same question even after 3-4 years.
Oh well, Happy July 4th!!
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
What you could possibly see at end-of-tunnel are:
Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.
OR
EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.
OR
you (and everyone in EB3 I) would be asking the same question even after 3-4 years.
Oh well, Happy July 4th!!
more...
justAnotherFile
07-17 01:12 AM
great news.
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
Bush
02-21 12:38 PM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
more...
surabhi
05-28 10:23 AM
It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
2010 Linkin Park HD wallpapers.
mars
08-17 02:49 PM
Hi,
When we apply for H1 Extension we need to get an approval from DOL before posting( Earlier it used be online and from july 1 2009 this cannot be approved online).
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL)
regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
could some one please provide more details reg this...
mars..
When we apply for H1 Extension we need to get an approval from DOL before posting( Earlier it used be online and from july 1 2009 this cannot be approved online).
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL)
regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
could some one please provide more details reg this...
mars..
more...
GC4ALL
09-25 09:00 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
hair latest linkin park wallpapers
snathan
06-04 10:37 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
more...
smitin_2000
03-04 08:29 PM
congrates buddy, ur loooooooooong wait come to a happy end by being greened, best of luck for moving forward :D
hot Linkin Park Wallpaper US2 by
GotFreedom?
07-10 11:08 AM
I have been facing this same situation for last 3 years. I could not work on several goverment contracts because they recognize only permanent residents to be elegible for working in those contracts although the documents for the contract said that the team members should have valid working authorization in the country. What a mess it is!!
more...
house Linkin Park. # a thousand suns
immilaw
09-15 02:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
Sounds like a plan. Thanks for replying.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
Sounds like a plan. Thanks for replying.
tattoo Linkin Park Wallpaper at
sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
more...
pictures Tags: linkin park,linkin,park
munnu77
09-29 03:59 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
dresses Linkin Park
iwantgc
09-11 07:35 PM
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
more...
makeup Linkin Park Wallpaper by
memyselfandus
04-09 09:23 AM
Check this link it should answer, all of your queries.
http://boards.immigrationportal.com/showthread.php?t=108916
http://boards.immigrationportal.com/showthread.php?t=108916
girlfriend This Linkin Park Wallpaper
GCeffect
02-09 05:22 AM
Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
hairstyles Linkin+park+wallpaper+a+
addsf345
01-01 02:11 PM
Guys,
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
reachinus
08-21 09:05 AM
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
Hope this helps.
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
pappu
09-01 09:17 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
No comments:
Post a Comment