Mike Tyson Tattoos

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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 talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.


If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.

I will gladly sign this petition as well.

Can you please ask your professor to call Rep.Lamar Smith to voice his support for the Lofgren bills? That would be greatly appreciated.

Thanks.

Instead of criticizing the idea, please submit your votes!
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome

i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.

The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.

....
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.


We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.


What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.


I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.


A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard

I know you lawyers can, with ease, twist words and meanings as you please. - John Gay


_________________
Not a legal advice.

What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.

"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."

So the date that you see in the table is NOT eligible for visa numbers.


Thanks for good wishes and congratulations to all who become current.

Regarding cutoff date I'm hearing multiple theories -

A. if it says 1st March - then prior to that consider as active - 1st of March is not included

B. some says 1st March is included because it is like UNTIL 1st March

C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

Wow so many options looks like I need to poll this and then wait until next bulletin :)

Once again thanks for good wishes and Congratulations who were waiting for longer period.

-Rwe

Hello All,

Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:

45 Mountain Blvd.
Building D, Suite 1
Warren, NJ 07059

Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.

Thanks,
Varsha

the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.

Thanks immique. I am correcting it.

If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.



It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.

Hi gkdgopi

Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.

Thanks

Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

I'm unable to understand well why EB3 is "U". :mad:

Friends, please share your thoughts. Let us discuss.........

Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.

This is what I have come up with so far. Please everyone, feel free to modify this:

Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!

If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.

Do you want be in this mess for ever. I am sure you don�t. We deserve better.

We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined

Register FREE to become a member today!
www.immigrationvoice.org

Excellent job Varsha. I would like to modify one line.

Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'

If no H1b restrictions then mostly lottery for new H1b for every year( I think 115k is not enough as Consulting companies will rush to get the quota on first day) unless unlimited H1b was given. Lottery is very bad for good companies. Best way is to put restrictions only for new H1bs and exclude from extensions and transfers.

If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.

My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.

Guys,

I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.

According to attorney Ron Gotcher Eb2 India will move up in coming months and EB3 ROW (Rest Of the World) will be current very soon. In that case, the excess EB3 ROW numbers will go to heavily retrogressed countries. This attorney's prediction is 100% correct for the April VB.
See the link.http://www.immigration-information.com/forums/showthread.php?t=4285&page=24

Thanks for your reply. I appreciate your question. Let me explain you in details.
I am not sure about Mexican illegals but I can tell about Indian.

Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

I remember Mahatma Ganghi's quotes:

" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,

Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

Here is a USCIS memo regarding 245(i)

http://www.uscis.gov/files/pressrelease/245i.pdf

Relevant portion:

"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?

chantu..people like you are the cause of all the problems in the world. go take your brainwashed rss branded version of hinduism and get out of here...our faith, our belief and our core values are way too strong for losers like yourself whose "picture" will always be on the toilet seat even if its not there. forget on the toilet seat.. its in the toilet bowl

This is a sad sad news

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Department of State Publication 9514
CA/VO: July 2, 2007

What i really wonder is you joined on 2nd of july and questioning IV core efforts....if you really have guts why dont you post with your original login id. and can you please tell me how much you contributed so far for this cause before demanding anything

I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.

I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..