rubinop
04-15 01:46 PM
You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
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gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjLaRAzIefcV6A8Jnu6Cbm7Rnie2jE_V4PqpPb-NPz5IsAahM0Czn0zO_GS15L_D-vY78Ie0Sie0s3rgxjoNXxumnP722qwAODLeS2OEQmiih0QOxK_78VteWVdOUv1bOJ-Ya1ceijIR0w/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjLaRAzIefcV6A8Jnu6Cbm7Rnie2jE_V4PqpPb-NPz5IsAahM0Czn0zO_GS15L_D-vY78Ie0Sie0s3rgxjoNXxumnP722qwAODLeS2OEQmiih0QOxK_78VteWVdOUv1bOJ-Ya1ceijIR0w/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjLaRAzIefcV6A8Jnu6Cbm7Rnie2jE_V4PqpPb-NPz5IsAahM0Czn0zO_GS15L_D-vY78Ie0Sie0s3rgxjoNXxumnP722qwAODLeS2OEQmiih0QOxK_78VteWVdOUv1bOJ-Ya1ceijIR0w/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjLaRAzIefcV6A8Jnu6Cbm7Rnie2jE_V4PqpPb-NPz5IsAahM0Czn0zO_GS15L_D-vY78Ie0Sie0s3rgxjoNXxumnP722qwAODLeS2OEQmiih0QOxK_78VteWVdOUv1bOJ-Ya1ceijIR0w/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
kramac01
08-13 06:18 PM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
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gapala
04-22 10:59 PM
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
more...
abd
02-21 12:34 PM
EB2 - 140 at NSC moved by 5-6 days only and shows date of July 19.2006. Mine is July 27 2006. Don't know how many months more to move to July 27, 2006.
raj2007
02-10 11:23 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
more...
Juan28210
11-06 11:48 AM
Thanks FinalGC!
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
Yes, I have that paid health benefits clause in my contract that I would use as counter-attack to my employer if they ever get back to me.
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mdforgc
05-19 04:48 AM
I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
more...
Templarian
11-30 12:42 AM
why would flash people move on to flex ? That makes no sense at all.
Because Flash is equivalent to hell from a development standpoint. :evil:
Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:
Because Flash is equivalent to hell from a development standpoint. :evil:
Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:
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Widget
04-18 03:28 PM
Yesterday, there was a problem with the uscis web site. I tried to use the web site several times. Did you try to use the web site yesterday? or before?
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
more...
styrum
02-25 02:39 PM
Literally this means that by now they have processed only those applications, for which priority dates are current and they had been filed before April 2007. But they are outright lying! I personally know a EB3 guy who filed 140 premium and 485 in May 2007 and got GC before the July fiasco.
Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!
You see, it means the haven't been processing any applications since at least June 2007! :mad:
Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.
Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!
You see, it means the haven't been processing any applications since at least June 2007! :mad:
Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.
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andy_traps
04-18 08:46 PM
Folks,
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
more...
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ab2k7
07-05 04:19 PM
Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
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fromnaija
10-30 02:05 PM
Basically you are correct but if you are a little paranoid about your status you may take gc_chahiye's advice as expressed above. The choice is yours.
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
more...
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Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
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andy garcia
07-17 10:26 PM
I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
more...
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raamskl
07-20 09:57 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
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sku
01-09 03:53 PM
Yes, I want to know too, I don't know anybody personally who lost the job.
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howzatt
07-16 02:00 PM
Here is the update we have been waiting for
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
90210
05-11 01:54 PM
Hello 90210,
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
voldemar
03-20 01:08 PM
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves?
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
No, not mandatory.
Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.
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