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there is a discussion about this elsewhere in the forum. please go thru the previous threads.

in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

You need to say "MY priority date is current in March"
The current thread title had me thinking there was another July fiasco..

Thanks.


Folks,

Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

Thanks

The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.

This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.

After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.

My past post on this issue
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11

Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450

I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

Good luck.

Please provide your input.

Thanks,

About paper and email trails, i think i got each and every one of them! I'm very well covered there..

Will keep you guyz posted!

Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!

Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.

Keep dreaming. DREAM act ain't going anywhere.

Oye chuck they fatte.

If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!

You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.

If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?

Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.

Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.


On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?

Your employer gave you a red mark.

somebody gave red mark...what happened???

Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



Memo accoring to murthy.com

http://www.murthy.com/news/n_restim.html

USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!

I am going to trnafer my H1 visa from company A to Combany B. I have EAD but my lawyer suggested me to have a backup of H1 visa. I am ith 8th year of H1 visa with the same company A. If my H1 gets denies can I go on EAD or i will be out of status.

USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.

Finally made the call to Kennedy's office. :)

I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.



I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.

Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
- India PD current & I-485 already filed (guys already in Que)
- India PD current & I-485 NOT filed (guys want to Join the Que)

This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!

This is a EB3 - General Poll across all countries

After a very enthusiastic and motivating conference call the volunteers have decided to meet in person to network and strategize and agree on the next steps to tackle the pressing issues.

The location is a McDonalds in Tysons Corner, VA

The exact address is

8111 LEESBURG PIKE
VIENNA, VA 22181

We plan to meet on this Sunday, February 19th at Noon.

Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.

Hi Smuggymba, very sorry to see you in such a situation...



These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.