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  • apple
    06-12 02:24 AM

    Today I met an attorney(not the one from Insurance..that is WIP still).
    He feels that the main target is Rental agency(with deep pockets) and not the others who were included as defendants.

    His argument is,
    -- I am on H1
    -- Not much of bank balance
    -- No assets
    -- Have a very old 98 model car(not even lexus , BMW etc..)
    -- With a spouse and 2 kids to be taken care of

    So I am poor chap and there is nothing they can extract much out of my pockets other than the 50K which my insurance will pay. He feels it is pretty straight forward case.The only twist to the story is, he is thinking that some of the defendants(rental agencies and others) may file lawsuits against me [I donno what they can extract out of me] as police report/Insurance agency concluded it as my fault (80% - 20%) after the accident..

    In case If I wanted to have my attorney, I need to cough up $275/hr and 5K check upfront and he feels his fee may add upto 10K by the end of all this. So not sure whether just go with insurance agent's attorney for the time being and just wait how it goes, even if the case goes against me as I don't have much bank balance etc I am not sure what they can get out of me..

    Any thoughts??

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  • ash0210
    02-01 02:06 PM
    My company posted on Dice&Monstor, 10-15 versions of my resume with diffrent combinations of my first name/fathers name and Last name.....

    They call it..."Marketing" your profile!!! The American recruiters who knows me, use to call me & tell me that they have "hit" of my resume with names like...A.ASH or S.ASH or H.ASH...and so on..while the content of my Resume remains same!!!

    When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.

    One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.

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  • saketh555
    07-30 06:13 PM
    Atleast you are taking a break from immigration.
    Try onlinetradingacademy, offcourse they are expensive but heard its worth if you wanna be trader but do DD before making a decision.
    I do swing trade and my portfolio consists only biomedical stocks which are around couple of bucks(can't efford more than that):D.

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  • Slowhand
    07-19 02:38 PM
    Slowhand, No Offense...If I were you, I would first contribute and then deal with this later. High time to contribute. If you have already contributed, please urge your friends to do so.
    Just a suggestion, sooner or later that's the way it should be. No offense taken.


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  • willigetagc
    08-26 12:26 PM
    Why cannot they just say it?. Why can’t they say that it will take 2 days to 22 days or 222 days to transfer the amount?, if someone needs to send money due to an emergency, they do it thinking that the money will be transferred in two or three days, a week maybe…

    Beats me! I don't know why they (the indians) do that. They make agressive promises and then fail to meet them. They should adopt the US business style of promising results in 5-7 business days and then deliver in 3-4 days. It then becomes the customer's headache to plan accordingly and they (the customers) are in fact delighted to get the work done in 3-4 days.

    (Never mind the fact that the work would actually take them less than 1-2 bus day ;))

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  • sunny1000
    05-23 04:19 PM
    please keep calling and don't get distracted. We have 2 CHC members on board. The more the calls, more CHC members we can bring on board for these bills. So, please call.


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  • gramesh
    03-13 10:03 AM
    Especially since EB3 ROW is not current and it was the overflow from ROW that was supposed to make EB2 move forward ...

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  • lacrossegc
    12-02 01:07 AM
    strategically , you dont want the other side to know this info ...
    seriously ...
    I agree ... if we come up with a serious pay as you go policy ... say even one cent per posting/reading from everyone... that way it will be fair ...

    I do not intend to question IV and its members who are pretty diligent about things, are entirely trustworthy and neither have they given us any reason to think otherwise. IMHO the monthly thing does not work. Some people cannot afford monthly payments due to other commitments (some are less fortunate than others). They may opt for one time payments rather than monthly payments.

    I think what we need is target oriented funding drives. For example:

    What are the objectives for the lobbying effort this year and consequently how much money do we need for lobbying efforts? $100,000, $200,000 or $500,000

    By putting collection targets up front we can direct our energies towards that target. I know that every cent counts and every dollar will be beneficial. But if we don't know and don't communicate what our target is we can never focus on the goal. A monetary target for a clear objective is something many people can relate to and a one time payment is more attractive than monthly payments.



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    10-08 12:51 PM

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  • lvinaykumar
    07-14 01:37 PM
    Any updates here..


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  • wellwishergc
    12-16 06:20 AM
    That was a very interesting roller-coaster ride. By the way, if you ever decide to make movies, count on me to watch them:). Your story-telling talent is fabulous.

    Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!

    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable�Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but�I am now out of status and�fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: �If you are not happy, go back to your home country�.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

    I am broke. Can�t even go back �home� and anyway I don�t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
    Employer wants to fire me: �you are always complaining about the money�.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
    Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very �choosy��
    Companies that I approach:
    a) don�t want to hear about immigration or
    b) don�t want to pay attorney fees or
    c) don�t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    �You have all the symptoms of someone who is having�a nervous depression.
    Do you want me to refer you to a good psy who could help you?�
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in�.May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but�lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much�just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins�
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called �Customer service�: as usual they know jack s..t.
    �Your application is still pending�. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at:�

    E-mail #1 on 09/18: (�) Status of my case? (�)
    Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

    E-mail #2 on 09/27: (�) When was that initiated? (�)
    Response on 10/02: (�) On or about 08/19/2004. (�)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: �Your card has been ordered�.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: �Your case has been approved�.
    (So, they notify you that the card has been ordered�before notifying that the case has been approved�).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)

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  • logiclife
    02-13 01:45 PM
    I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is.

    Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.

    And this year, if CIR or SKIL bill come, we will be able to achive much much more. We are in much better shape and its hard for me to convince you of that unless I divulge details. That I cannot do. Its up to you if you can trust IV core on that.

    You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.

    Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.

    I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.

    That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.

    I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?

    I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?

    Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.

    For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.

    Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.

    To quote a bestselling economist Steven Levitt :
    "If morality is how we would like the world to work, economy is how the world actually works".

    Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.


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  • inspectorfox
    10-10 04:57 PM
    Effect of Travel While in H1B / L-1 Status and Pending I-485

    There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.

    One Entering on AP Becomes a Parolee

    It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.

    The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.

    Parolee may Work for H1B (or L-1) Employer without Valid EAD

    Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.

    One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.

    EAD is Safer / H1B Makes Extensions Possible

    As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.

    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

    Similar Result if Employer Files H1B Amendment

    The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.


    An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.

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  • mdmd10
    09-17 11:54 AM
    Rep. Lofgren is discussing the amendment proposed by Rep. Lamar Smith by quoting a specific INA act. Proceedings are still going on.


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  • jp_blr
    06-19 03:58 PM
    Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time. 

    I have few more questions..

    1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?

    2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.

    Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
    So far, does it sound correct ? If not, please correct me..

    If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.

    Any thoughts?

    There are so many stages where you can apply the breaks. Like if you get your FP too can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.

    I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.

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  • learning01
    02-01 12:43 PM
    Look. There are 2 sides to a coin. I was a victim by my previous employer, who is a global corporation (120 k emp), who couldn't succeed in US market.

    I know many small and medium companies ( and I refuse lable them in any other way) who are good employers and who truely furthered and moved the GC applications.

    This talk is not correct. The situation is due to a visa regime (regime=tight control on every aspect), neo-conservatives dictating and bulldozing policies, bums and incompetent lawmakers (some of whom get thrown out each 2 years), lack of budget and personnel (and yes, Iraq is sucking everything out) and importantly lack of organization or godfather to look after our genuine needs.
    IV stepped in and is doing a yeomen service and we should be proud of it. Results will come.

    All Indian owned desi companies are cheaters.


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  • axp817
    03-31 08:39 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    Although, UN seems to suspect that there might be more beneath the surface here.

    What still beats me is that if the 140 had problems, why would they even bother requesting for AC21 evidence and not just deny the 485 in the first place.

    Unless..., when the 140 got revoked they realized that it had been more than a 180 days since the 485 was filed, and gave the applicant the benefit of doubt and asked for a new EVL, but while the applicant was in the process of replying to the NOID, they did some more digging, found that the underlying approved 140 had ability to pay (or other) issues and then denied the 485 on that basis.

    You seem to be 'in the know' about this case/applicant, do you happen to know what the next steps are/would be/should be in this particular case?


    03-31 12:06 PM

    Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link,

    If you see Q.11 it asks,
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

    Answer B seems pretty vague. How do you interpret this?

    Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.

    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    06-12 05:17 PM
    It�s really a sad state for us, first the lawyer�s then the BEC delayed the cases, then the july fiasco.

    With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(

    I strongly think it's worth it

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