milind70
10-09 10:48 AM
I think something same along the lines in VA is in place.
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syedajmal
03-31 04:14 PM
Speeding is a misdemeanor in some states and can cause a false alarm. Just recollect to see if you can recollect anything where you ran into the law even something minor??
lghtslpr
02-08 12:26 PM
Someone over at immigrationportal.com is organizing a letter-writing campaign to demand transparency at the Philadelphia Backlog Processing Center. I think it's a great idea. Please participate. See details here:
http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560
http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560
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gc_on_demand
01-20 08:31 PM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
more...
villamonte6100
06-27 09:48 AM
I have I140 approval notice, Where can I see the A#?
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.
vikki76
08-28 11:52 AM
Even I don't have donor access so far.
more...
Motivated
06-18 11:34 AM
donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
Thank you IV for being pro-active. Feels good to be part of the action.
Thank you IV for being pro-active. Feels good to be part of the action.
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njboy
07-26 11:22 AM
sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)
more...
nozerd
02-08 11:12 AM
Does anyone know if Transit visa is needed while travelling with Air India via London.
Asking since you dont change planes in London... you continue on same flight.
Asking since you dont change planes in London... you continue on same flight.
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DirCls
07-15 08:05 AM
They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
more...
Alabaman
06-10 12:17 PM
plus sidlees english is even poor. I wonder how he has been keeping his job.
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
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peer123
07-17 10:43 AM
I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.
I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....
I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....
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Desertfox
01-03 01:19 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
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new_horizon
05-26 08:45 PM
I had an error message in the past few days. But when I tried it today, and I was able to schedule an appointment. There are dates available from June 1-12 (week days).
more...
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freedom_fighter
01-14 09:26 PM
i used hopeforhaiti.com, they use paypal.
dresses Total Views 18740. Nicki Minaj
go_guy123
08-24 04:52 PM
ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)
Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta
As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).
Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.
Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.
A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.
In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.
At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�
The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8
Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.
Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10
�Question 11. When is an I-140 no longer valid for porting purposes?�
Answer: An I-140 petition is no longer valid for porting purposes when:
1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�
It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.
Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta
As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).
Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.
Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.
A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.
In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.
At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�
The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8
Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.
Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10
�Question 11. When is an I-140 no longer valid for porting purposes?�
Answer: An I-140 petition is no longer valid for porting purposes when:
1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�
It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.
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trueguy
08-09 06:15 PM
Bump
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Libra
08-10 11:52 AM
I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.
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chanduv23
05-19 03:46 PM
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.
Approach your local congressman's office and tell them about your appeal and see if they can help
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.
Approach your local congressman's office and tell them about your appeal and see if they can help
yabadaba
06-22 11:32 AM
new memo from uscis
http://www.uscis.gov/files/pressrele...ling062107.pdf
Oh law quote:
"During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located."
Bulletin quote:
"USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."
http://www.uscis.gov/files/pressrele...ling062107.pdf
Oh law quote:
"During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located."
Bulletin quote:
"USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."
baburob2
12-04 06:46 PM
basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).
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