synergy
08-20 04:12 PM
It is sad...But how can this happen when you paid the money for the application?Did you contact the attorney directly?
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
wallpaper in clearing all obstacles.
pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
snhn
09-14 03:40 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Thanks!
2011 in a life of challenges
imm_pro
06-13 01:12 PM
Guys if you have already called..please ask ur spouse or request ur friends to make the call..every call counts..
more...
brkl1935
04-01 08:33 PM
Both fax sent
asindu
07-14 10:03 PM
IN RESPONSE to AKRED: My dads priority date is july 2005, so how does that give me amnesty...he applied under PERM!!! Btw if you do not support DREAM ACT than you shouldn't be on this forum...
more...
ramus
11-01 09:46 AM
anybody who received AP from local office?
2010 And the quotes and life
mbawa2574
07-06 09:02 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
more...
dohko
05-08 07:55 AM
Sorry to hear that. I think it really depends on the Country of origin. Neither me nor my friends had any problems at the Embassy in Panama.
hair Life Quotes, Happiness Quotes,
willIWill
11-02 12:31 PM
It is that time again, the eager wait for the next month's Visa bulletin. It is almost like a monthly ritual for many.
Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)
Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )
As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.
Let the Gazing Start... ;)
Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)
Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )
As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.
Let the Gazing Start... ;)
more...
amitjoey
01-31 12:12 PM
Attorney fees also increase in proportion to the USCIS Fees increase.
If you have noticed, the Attorney fees are relative to the form that they are working on. Historicaly, attorney's have increased the fees everytime there is an USCIS Increase.
If you have noticed, the Attorney fees are relative to the form that they are working on. Historicaly, attorney's have increased the fees everytime there is an USCIS Increase.
hot life quotes on pictures. Famous Life Quotes, Famous
485Question
09-19 03:09 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Be patient buddy, wait and see.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Be patient buddy, wait and see.
more...
house Labels: Life is short,
MightyIndian
11-29 11:41 AM
Details in my signature.
tattoo to the challenges of life
ramaonline
08-07 11:14 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
more...
pictures empowering quotes and phrases
Ram_C
11-26 01:04 PM
received my FP notice on saturday, scheduled to attend local ASC on Nov' 30th
dresses Life#39;s challenges are not
ruchigup
08-07 12:44 PM
Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO
See my signature below.
See my signature below.
more...
makeup into obstacles in life.
rsdang1
11-03 06:30 PM
I GUESS a slight movement forward - say 3 months.... :D
girlfriend Cute Life Quotes To Live
sanbaj
07-28 03:15 PM
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
One I140 has PD of Oct-2006 and the other one has PD of Feb/2002. In Mar/08 EB2 was completely U, but I had hope that it will turn around and I will be able to use older PD based I140. That is exactly what happened when NSC 485 processing times reached my app's RD. Mine was not to switch categories, but to use the earlier PD.
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
One I140 has PD of Oct-2006 and the other one has PD of Feb/2002. In Mar/08 EB2 was completely U, but I had hope that it will turn around and I will be able to use older PD based I140. That is exactly what happened when NSC 485 processing times reached my app's RD. Mine was not to switch categories, but to use the earlier PD.
hairstyles my life, all my troubles
rajuram
08-01 10:00 PM
The key is that....there should not be substantial difference in the job duties and the responsibilities.
what do 180 days start, RN date or notice date?
what do 180 days start, RN date or notice date?
gcdreamer05
01-09 12:26 PM
Excellent thanks for explaining so clearly.... gave u a green !!!:D
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
akkakarla
10-09 07:53 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
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