xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
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johnggberg
07-12 03:09 PM
I checked with my lawyer, she did not received it yet.
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
chandarc
08-01 11:52 AM
YouTube - Piya Tu Ab To Aaja (http://www.youtube.com/watch?v=bua_QY1awj8)
here is another...
YouTube - hum tumhe chahte hai aise (Film - Qurbani) (http://www.youtube.com/watch?v=injlNuvSXMY&feature=related)
aap jaisa koi meri zindagi mein aaye
http://www.youtube.com/watch?v=5o5C1yUlx6w&feature=related
here is another...
YouTube - hum tumhe chahte hai aise (Film - Qurbani) (http://www.youtube.com/watch?v=injlNuvSXMY&feature=related)
aap jaisa koi meri zindagi mein aaye
http://www.youtube.com/watch?v=5o5C1yUlx6w&feature=related
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HV000
11-17 03:25 PM
Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.
more...
gc_kaavaali
07-16 05:21 PM
Jonty,
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
saint_2010
06-25 12:42 PM
Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?
more...
camilopino
01-08 04:33 PM
Yep, it is current.
Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?
Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?
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senram
01-26 04:49 PM
From 2006 this bill was introduced and discussed several times. We will wait and see what 2011 brings
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
more...
lostinbeta
10-21 02:31 AM
Damm skippy :beam:
::: ok, I suggest we stop spamming now :) :::
::: ok, I suggest we stop spamming now :) :::
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sanju_dba
09-14 02:31 PM
I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
I bet that attitude changes when it comes to raffle !
besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
I bet that attitude changes when it comes to raffle !
besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.
more...
tbass
04-16 12:54 PM
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
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GCNirvana007
09-08 10:09 PM
Got CPO on Sept 1st and nothing after that.
Is this freaking normal :p
Is this freaking normal :p
more...
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gcseeker2002
09-16 02:57 PM
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.
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DareYouFireMe
03-09 04:18 PM
Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!
more...
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karthkc
07-31 05:34 PM
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...
As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)
Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.
Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...
As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)
Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.
Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..
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GCSeekerCT
08-21 07:47 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
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sanju
01-26 02:12 PM
Lonjourney,
Any update, what did your lawyer say? What did you end up doing?
Any update, what did your lawyer say? What did you end up doing?
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chanduv23
08-03 11:58 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
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gcwanter
06-27 08:38 AM
If i am on H1 and am the prinicipal applicant ; what is my A# number?
Is it the number on I94?
assume I140 is pending
Is it the number on I94?
assume I140 is pending
seahawks
09-11 01:01 AM
We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!
Please follow link below.
Please follow link below.
r2i2009
05-15 04:26 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
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