axp817
03-31 09:31 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
wallpaper Black on Black :D
patbose
06-16 01:44 PM
Just got done calling all the reps. Here's hoping for the best.
Thanks
PB
Thanks
PB
trueguy
08-12 09:09 PM
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
2011 20 M6 BLACK WHEELS FITS BMW
485Mbe4001
10-17 11:13 AM
http://levin.senate.gov/newsroom/release.cfm?id=285400
October 16, 2007 Contact: Press Office
Phone: 202.228.3685
Senate Approves Levin Amendment to Improve Oversight of FBI
Background Checks
WASHINGTON � The Senate has approved an amendment by Sen. Carl
Levin, D-Mich., to improve oversight of the FBI National Name Check
Program, which faces a substantial backlog. The program is used to
run background checks on people applying for immigration benefits or
seeking employment with the U.S. government, among many other
purposes. Levin's provision, which was included as an amendment to
the Commerce, Justice, and Science (CJS) Fiscal Year 2008
Appropriations Bill, would require the FBI to report to Congress
every year regarding progress made in improving the FBI's system of
processing background checks and automating investigative files.
"The background check program's enormous backlog poses an
unacceptable burden on people whose lives are on hold, and it also
leads to a national security risk," Levin said. "Approximately
31,000 cases have been pending for at least 33 months. If these
individuals are a security threat, we must know that sooner rather
than later."
According to the U.S. Citizenship and Immigration Services (USCIS)
Ombudsman's 2007 Annual Report, there were 329,160 name check cases
pending in May 2007, which is and increase of 93,358 over the
previous year. Many immigrants who are applying for adjustment of
status to legal permanent resident, naturalization, asylum, or a
waiver end up waiting for months or years for the completion of the
name check process.
In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of
the Records Management Division of the FBI stated before the House
Committee on Government Reform that, "[t]he name check delays have
significant consequences to FBI customers and stakeholders. The
delays impede hiring or clearing skilled workers; completing
government contracts; student enrollment, and�clearing requested
visas for business visits to the United States. More importantly
than all of the foregoing, these processing delays can also diminish
counterterrorism effectiveness."
October 16, 2007 Contact: Press Office
Phone: 202.228.3685
Senate Approves Levin Amendment to Improve Oversight of FBI
Background Checks
WASHINGTON � The Senate has approved an amendment by Sen. Carl
Levin, D-Mich., to improve oversight of the FBI National Name Check
Program, which faces a substantial backlog. The program is used to
run background checks on people applying for immigration benefits or
seeking employment with the U.S. government, among many other
purposes. Levin's provision, which was included as an amendment to
the Commerce, Justice, and Science (CJS) Fiscal Year 2008
Appropriations Bill, would require the FBI to report to Congress
every year regarding progress made in improving the FBI's system of
processing background checks and automating investigative files.
"The background check program's enormous backlog poses an
unacceptable burden on people whose lives are on hold, and it also
leads to a national security risk," Levin said. "Approximately
31,000 cases have been pending for at least 33 months. If these
individuals are a security threat, we must know that sooner rather
than later."
According to the U.S. Citizenship and Immigration Services (USCIS)
Ombudsman's 2007 Annual Report, there were 329,160 name check cases
pending in May 2007, which is and increase of 93,358 over the
previous year. Many immigrants who are applying for adjustment of
status to legal permanent resident, naturalization, asylum, or a
waiver end up waiting for months or years for the completion of the
name check process.
In 2003, Robert J. Garrity, Jr., then Acting Assistant Director of
the Records Management Division of the FBI stated before the House
Committee on Government Reform that, "[t]he name check delays have
significant consequences to FBI customers and stakeholders. The
delays impede hiring or clearing skilled workers; completing
government contracts; student enrollment, and�clearing requested
visas for business visits to the United States. More importantly
than all of the foregoing, these processing delays can also diminish
counterterrorism effectiveness."
more...
HopeSprings
07-16 01:24 PM
Guests and members,
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
Signed with a stinking message.
Please take the time to sign this petition so that it can be delivered to CNN as soon as possible.
Signed with a stinking message.
StuckInTheMuck
08-25 11:39 AM
If you want to be smarter than them jump to online SBI boat , they have the best Online rate and let ICICI know next time that you switched loyalty because they were getting smarted beyond range.
www.onlinesbi.com/glsus/
Good info, thanks. I recently registered with the SBI NY (http://www.statebank.com/) branch office, to use their remittance service to send money home (to an SBI India account), but you have to fill out and mail a remittance form to them each time you want to do this.
www.onlinesbi.com/glsus/
Good info, thanks. I recently registered with the SBI NY (http://www.statebank.com/) branch office, to use their remittance service to send money home (to an SBI India account), but you have to fill out and mail a remittance form to them each time you want to do this.
more...
desijackass
01-29 10:49 AM
It took 7 working days last december for my passport to come back.
2010 2011 BMW 5-Series Black by
nk2006
12-11 11:02 AM
Thanks for the effort.
I posted my comments and my story (with links to couple articles that were published sometime back about my case in a newspaper).
Lets add more stories. As someone already suggested lets concentrate on how our GC can contribute to the economy - buying a house/establishing a company/etc. I also quoted some of the recent studies that showed how immigrant entrepreneurs positively contributed to the economy (couple links from IV).
I posted my comments and my story (with links to couple articles that were published sometime back about my case in a newspaper).
Lets add more stories. As someone already suggested lets concentrate on how our GC can contribute to the economy - buying a house/establishing a company/etc. I also quoted some of the recent studies that showed how immigrant entrepreneurs positively contributed to the economy (couple links from IV).
more...
greencard_fever
05-25 11:01 AM
Good development. Lets see whether they follow up on this or not.
CIR is difficult due to political landscape. piecemeal approach has the
most likelihood of success especially it is attached to FB category.
On the downside, such bill are tabled every year and they die a natural death.
Visa recapture might since 1992 might greatly reduce the backlog.
How to track the progress of this Bill? can some one post the link to track.
CIR is difficult due to political landscape. piecemeal approach has the
most likelihood of success especially it is attached to FB category.
On the downside, such bill are tabled every year and they die a natural death.
Visa recapture might since 1992 might greatly reduce the backlog.
How to track the progress of this Bill? can some one post the link to track.
hair 2008 BMW 550i
msp1976
02-11 07:02 PM
My suggestion to all is let's give it some time...When IV core delivers on the bill..The pie would be bigger and this whole discussion would be rendered meaningless in a minute....If everything is current we would not have the conversation at all....
more...
DariusMonsef
05-31 04:16 AM
Desert Sunset.
(I already entered mine, but I was having too much fun so I thought I would just share and inspire the rest of you.)
(I already entered mine, but I was having too much fun so I thought I would just share and inspire the rest of you.)
hot 2011 BMW 5-Series:
ab_tak_chappan
08-20 01:13 AM
albertpinto dont be jealous dude :) :D:mad::D:mad::D
I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??
I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??
more...
house 2010 BMW 5 Series 550i Sedan
forever_waiting
04-22 07:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
tattoo 2011 BMW 5 Series 550i
rkg000
04-19 09:54 PM
Found one more without good education.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
more...
pictures 2009 BMW 550i
desi3933
08-19 01:29 PM
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
dresses 2008 BMW 5-Series 550I Sedan
i4u
11-23 11:57 AM
Thank you for your inputs....However, not sure if it helps. I have to get my mother here - if not immediately, sometime in the near future. She has diabetes and almost every thing that happens medically, it can be related to diabetes technically! Which is why I have to have insurance.
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
more...
makeup 2008 BMW 550i Vehicle Photo in
danu2007
07-14 11:33 PM
signed...
girlfriend #39;06 BMW 550i Black on
mrdelhiite
07-16 10:46 AM
Done.
-M
-M
hairstyles 2008 BMW 5-Series 550I Sedan
permfiling
10-22 11:45 PM
There is a weekly conf call with attorney Prashanthi on thursday 9 pm EST. In one of the calls I had this question and the answer is that once you use AC21, the most recent company were you are working and where your GC got approved will be your sponsor so u have to stay with that company for 6 months ( the time duration is debated in other threads)
Bradman
10-17 11:44 PM
EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006
It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....
Any suggestion in this regard is highly appreciated !!!!
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006
It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....
Any suggestion in this regard is highly appreciated !!!!
hydboy77
04-15 02:14 PM
does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
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