kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
wallpaper The Cleveland Clinic is no
logiclife
08-01 01:57 PM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Finger-printing and namecheck are not connected. Namecheck is triggered as soon as receipt is generated. Fingerprinting is separete. The two are not going to affect each other. The only thing is fingerprinting results are out in about a minute or two, namecheck can take anywhere from 2 minutes to 20 years.
you can expect faster processing times for those categories who tend to be current for most bulletins. Which is EB1 and ROW EB2. Everyone else who is current every once in blue moon is not going to get processed quickly.
The only guarantee is that they wont waste the visa numbers this year or next year, coz they did that last year and wasted 10,000 visa numbers and got unpleasant treatment for that.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Finger-printing and namecheck are not connected. Namecheck is triggered as soon as receipt is generated. Fingerprinting is separete. The two are not going to affect each other. The only thing is fingerprinting results are out in about a minute or two, namecheck can take anywhere from 2 minutes to 20 years.
you can expect faster processing times for those categories who tend to be current for most bulletins. Which is EB1 and ROW EB2. Everyone else who is current every once in blue moon is not going to get processed quickly.
The only guarantee is that they wont waste the visa numbers this year or next year, coz they did that last year and wasted 10,000 visa numbers and got unpleasant treatment for that.
letstalklc
10-08 11:17 AM
Yes, there is only one queue, you go ahead and ask them for the status of your application, it's passed 15 month period.
Because of Fragomen audits the DOL audit queue is very big and after announcing dol that they will release the special audited cases to regular queue, but they did nothing as of now.
Because of Fragomen audits the DOL audit queue is very big and after announcing dol that they will release the special audited cases to regular queue, but they did nothing as of now.
2011 I chose Cleveland Clinic
royus77
07-17 10:59 PM
The link is not working
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
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blizkreeg
01-26 01:03 PM
I don't dislike people from Andhra. I have close friends from Hyderabad.
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
greyhair
04-21 11:45 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
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ita
01-23 03:15 PM
Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)
I finished D156 but didn't show 157 form
Thank you.
I finished D156 but didn't show 157 form
Thank you.
2010 When using Cleveland Clinic
petepatel
08-21 09:49 AM
Congrats
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kookoo
08-03 07:18 PM
Thanks
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
hair Cleveland Clinic Florida
h1techSlave
05-14 12:19 PM
Yeah, that pretty much sums up my feeling also.
Morning is over. We all are in mourning since the bulletin went out...
Morning is over. We all are in mourning since the bulletin went out...
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ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
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frostrated
09-14 04:35 PM
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.
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permfiling
12-15 08:55 PM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
tattoo •Cleveland Clinic Florida
LostInGCProcess
09-18 04:24 PM
my I-140 is pending for than 600 days as well in addition to my pending I-485.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
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Saralayar
07-09 12:55 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
dresses Cleveland Clinic CME
FinalGC
12-02 01:21 PM
If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
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kicca
01-25 06:43 PM
^^
girlfriend The Cleveland Clinic Florida#39;s
akhilmahajan
11-14 08:28 PM
December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
hairstyles The Cleveland Clinic
gsc999
04-18 09:39 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
lazycis
05-07 02:16 PM
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
prince_ny2000
05-16 02:46 PM
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
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