ramus
06-27 10:43 AM
I will say we should just ban this guy.. What he says does't make any sense..
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
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abhijitp
01-24 07:17 PM
Also setup time with employer to request a letter.
dummgelauft
11-19 02:25 PM
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx number less people in front of who don't qualify for this so their turn will come sooner.
any leads?
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx number less people in front of who don't qualify for this so their turn will come sooner.
any leads?
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
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masterji
08-09 02:37 PM
Is there a way to receive an official answer from USCIS (may be IV can ask the question, not sure)? Or is there a law that specifically bars people to leave GC sponsoring employers? I was unable to find from the Internet. Can anyone find?
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tammman
08-14 02:01 PM
EAD & AP
E-Filed: July 19, 2008
FP: Aug 14th, 2008 for my wife & me
E-Filed: July 19, 2008
FP: Aug 14th, 2008 for my wife & me
PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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Naveen
05-19 10:00 AM
Lets take one step at a time. We have a similar bill introduced in the house.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
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vdlrao
06-04 06:09 PM
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead
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DSLStart
08-09 07:36 PM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
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tanu_75
07-29 03:04 PM
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
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GCapplicant
07-08 04:43 PM
Nothing much is going to happen.she clearly has said 6039 is gone.So recapturing no doubt its also gone.
They love illegals than us.Immigration reforms means illegals,amnesty and citizenships.
I havnt received my AP applied Jun 29 2007.Nebraska.
Whenever we call them they have a standard answer 30 days,then 60 days.
Latest 30 days.
Its the same for GC too.
They are least bothered.CHC must have been everything.Is every immigrant genious,scientists,doctors,engineers like they have argued.They cannot build wall with only so called expected genious.
Discrimination to the core.
Not even next summer.
may be they will do for amnesty.so they can again boycott us and be busy with those applications.Lawyers can also earn well.
Great! God bless us.
They love illegals than us.Immigration reforms means illegals,amnesty and citizenships.
I havnt received my AP applied Jun 29 2007.Nebraska.
Whenever we call them they have a standard answer 30 days,then 60 days.
Latest 30 days.
Its the same for GC too.
They are least bothered.CHC must have been everything.Is every immigrant genious,scientists,doctors,engineers like they have argued.They cannot build wall with only so called expected genious.
Discrimination to the core.
Not even next summer.
may be they will do for amnesty.so they can again boycott us and be busy with those applications.Lawyers can also earn well.
Great! God bless us.
more...
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sanju
07-26 12:17 PM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
Totally understand your situation. Good that you let out and share your frustration. Sometimes it is therapeutic just to let it out and then go back to normal sleep cycles. As Dalai Lama (with no offense to our Chinese friends on the forum) recently said - Proper Sleep and drinking proper amount of water daily is fundamental aspect for living long and healthy life. Thanks to alergro for pointing out that there is more to cherish and be happy for, and that applies to all of us. Although this issue does affect our lives and every few days we get out of our normal daily routine and think more about future plans, then all of a sudden we see GC roadblock stopping our every plan/progress, and we tend to become extra worried about it, go out searching for all the knowledge available to answer our questions, and in the process become worried and spend a few sleepless nights. It seems that this may be happening in your situation too, just a guess. If the answer is yes, then you have come to the right place and there are many more in the similar situation here. They may not admit this, they may be rude or nasty to you taking offense from the words you chose to post/reply on this forum, or sometimes you take an offense from what they have to say to you, but we are all in the same boat under similar circumstances. If nothing else, atleast that's the consolation you can take from this thread.
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viv24
05-25 03:01 PM
Hi guys, here is my case
came to us 8.2003 on f1, completed studies in 02.2006, opt from 02.2006 to 02.2007.
filed h1b petition 07.2006, h1b approved for company a,02.2007 changed to company b 06.2007 approved 01.2008.
company b filed for i140 i485, got EAD, AP and FP done in 2007-2008. i140 not yet approved
Gone to montreal in march 2008 for visa stamping, got 221g, waited for 60 days no positive reply from consulate.
Came back to US on AP, since i had job, could not lose. My questions
1) if i get my h1b visa get approved and stamped hopefully, can i go back to h1b status without losing my EAD, i140 applications. i have about 4.5 years left on h1b. other reason for me wanting h1b is getting married in india.
2) can i file another i140 for the same i485 for back up.
3) I have entered US on AP, do i have use EAD or just work on h1b.
do share your experiences and opinions, I am also working with attorney on these issues, your input and guidance will help to plan for all events.
.
came to us 8.2003 on f1, completed studies in 02.2006, opt from 02.2006 to 02.2007.
filed h1b petition 07.2006, h1b approved for company a,02.2007 changed to company b 06.2007 approved 01.2008.
company b filed for i140 i485, got EAD, AP and FP done in 2007-2008. i140 not yet approved
Gone to montreal in march 2008 for visa stamping, got 221g, waited for 60 days no positive reply from consulate.
Came back to US on AP, since i had job, could not lose. My questions
1) if i get my h1b visa get approved and stamped hopefully, can i go back to h1b status without losing my EAD, i140 applications. i have about 4.5 years left on h1b. other reason for me wanting h1b is getting married in india.
2) can i file another i140 for the same i485 for back up.
3) I have entered US on AP, do i have use EAD or just work on h1b.
do share your experiences and opinions, I am also working with attorney on these issues, your input and guidance will help to plan for all events.
.
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suresh.emails
10-28 07:23 PM
Hi 'Internet'
I'm not like you to come with annonymous ID's (like 'internet'). My email id is suresh.emails@yahoo.com. I'm using it since ages. I have used my email id on IV forum
I have entered all my details in the forum and send the same details to IV Virginia Chapter.
In other words i'm a fully registered member with IV Virginia state chapter.
If you have red my posting clearly, I wrote, I don't bother about RED's/Green's.
I was hurt for the using bad language by an IV member on a matured immigration forum.
You responded to my post having not read it properly. This is what is called interpretation issue with the language. This is what I wanted to convey.
Why are you referring to some thing really not related 'in secure' to this post.
I'm fighting on the BAD language usage on a forum. When are participants are matured enough what to write on
Read again and again before respond to some one's posting.
You will come back with another new annonymous ID. So stop being a hypocrite. If you want to go then go. Nobody cares who you are and for that matter who anyone is in this annonymous forum.
People come and go when their question is answered or when they get a greencard. People only care about their answers or a greencard. No mature person cares about red and green dots. Only people who who are insecure and have nothing better to do in life crib about red dots. Find a better cause to fight in life dude.
I'm not like you to come with annonymous ID's (like 'internet'). My email id is suresh.emails@yahoo.com. I'm using it since ages. I have used my email id on IV forum
I have entered all my details in the forum and send the same details to IV Virginia Chapter.
In other words i'm a fully registered member with IV Virginia state chapter.
If you have red my posting clearly, I wrote, I don't bother about RED's/Green's.
I was hurt for the using bad language by an IV member on a matured immigration forum.
You responded to my post having not read it properly. This is what is called interpretation issue with the language. This is what I wanted to convey.
Why are you referring to some thing really not related 'in secure' to this post.
I'm fighting on the BAD language usage on a forum. When are participants are matured enough what to write on
Read again and again before respond to some one's posting.
You will come back with another new annonymous ID. So stop being a hypocrite. If you want to go then go. Nobody cares who you are and for that matter who anyone is in this annonymous forum.
People come and go when their question is answered or when they get a greencard. People only care about their answers or a greencard. No mature person cares about red and green dots. Only people who who are insecure and have nothing better to do in life crib about red dots. Find a better cause to fight in life dude.
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02-10 10:00 AM
I went with kax's kastle. damned fine.
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zilmax007
07-27 05:32 PM
An Indian man walks into a bank in New York City and asks for the loan officer. He tells the loan officer that he is going to India on business for two weeks and needs to borrow $5,000.The bank officer tells him that the bank will need some form of security for the loan, so the Indian man hands over the keys to a new Ferrari parked on the street in front of the bank. He produces the title and everything checks out. The loan officer agrees to accept the car as collateral for the loan.The bank's president and its officers all enjoy a good laugh at the Indian for using a $250,000 Ferrari as collateral against a $5,000 loan. An employee of the bank then drives the Ferrari into the bank's underground garage and parks it there.Two weeks later, the Indian returns, repays the $5,000 and the interest, which comes to $15.41.The loan officer says, "Sir, we are very happy to have had your business, and this transaction has worked out very nicely,but we are a little puzzled. While you were away, we checked you out and found that you are a multi millionaire. What puzzles us is, why would you bother to borrow "$5,000".The Indian replies: "Where else in New York City can I park my car for two weeks for only $15.41 and expect it to be there when I return".
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snathan
06-18 03:00 PM
If you come across people in other forums who are/were suffering in this...please let me them know and ask them to post their story in IV.
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rajmirk
05-26 01:26 PM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
gc_on_demand
06-01 11:08 AM
I did my part
gc_chahiye
12-18 08:11 PM
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.
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