Search results

  1. D

    A sincere appeal - Please support AILF lawsuit and contribute.

    This lawsuit is NOT filed by AILF. __________________ Not a legal advice.
  2. D

    Important - Please do not support the AILF Class Action Lawsuit

    On CNBC: http://www.cnbc.com/id/19634804/site/14081545/page/2/ BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship...
  3. D

    August Visa Bulletin

    Could you please use some better and polite words. I know, recent events have caused much but we should NOT lose our composure. I guess, its time to say Don't enjoy Just analyze. Good Luck.
  4. D

    LABOR SUBSTITUTION BANNED- finally

    No. There is no time-limit to file I-485. I-485 can be filed anytime as long as one has active and approved (or pending) I-140 petition and PD is current at the time of I-485 filing. But, if dates go back in July (I hope not), then I-485 must be filed and received by June 30th or need to...
  5. D

    Off topic - Changing employer after I-140 is approved but 485 is not filed

    With the existing employer, the H1-B extension can be filed any time within 6 months of current H1 status end date. For new employer, it can be anytime prior to expiration.
  6. D

    Off topic - Changing employer after I-140 is approved but 485 is not filed

    With the details specified here, it does not seem to be any concern. Using Labor substitution does not make a difference.
  7. D

    Off topic - Changing employer after I-140 is approved but 485 is not filed

    New compnay can file for H1-B for 3 years New employer can file for H1-B for 3 years anytime prior to the expiration of current visa status as long as you have active and approved I-140 petition** and PD is not current. ** - The approved I-140 petition can be from any employer (or...
  8. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    Here you go Here you go. PART 205—REVOCATION OF APPROVAL OF PETITIONS Sections 205.1 Automatic revocation. 205.2 Revocation on notice. ..... ...... ...... (F) Upon the beneficiary’s marriage when the beneficiary has been accorded classification under section 201(b) or section 203(a)(1) of...
  9. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    As per memo: alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation This memo does not...
  10. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    There is law that supports memo regarding H1-B extensions beyond 6 years. Let me say it again. Memos do NOT override law. When there is a conflict between what is stated in law and memo, law will hold. Memos are subject to change anytime. laws, on the other hand, can be changed only by...
  11. D

    Off topic - Changing employer after I-140 is approved but 485 is not filed

    Yes, PD can be ported as long as I-140 from Company A is not revoked.
  12. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    Memos do NOT override law Kinda surprising. Same thing is discussed over and over again. Memos do NOT override law. Memo is silent regarding the aspect when it is revoked by the employer. law clearly mentions that once I-140 is revoked, PD is gone. Gone for good. Ask any lawyer, if they have...
  13. D

    How to prove legal status while on AOS

    Any letter from attorney that has this information should clear doubts about I-485 pending status INA § 212(a)(9)(B). Properly filed affirmative applications submitted pursuant to INA § 245(a), 245(i) and 249 registry toll any unauthorized time and are considered to be a period of stay...
  14. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    Sec. 204.5 (e) (204.5): (e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any...
  15. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    What correction? That is what I am saying. FYI - Using old PD depends on lot of factors. Having old approved I-140 is just meeting only one of the requirements. Here is my post again: New employer can apply for 3 year H1-B for you. GC processing is employer's choice and has nothing to do...
  16. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    Partly correct. This applies when I-485 has not been applied or I-485 pending for less than 180 calendar days. In short, when AC-21 is not applicable then revoking of I-140 does not confer Priority Date to the beneficiary.
  17. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    Well, let me say it again. Once I-140 is revoked, PD is gone. Period.
  18. D

    Please help..Lay-off (I_140 approved but waiting for I-485 dates

    New employer can apply for 3 year H1-B for you. GC processing is employer's choice and has nothing to do with your H1. GC process has to begin from scratch. About porting your PD, lot depends on whether current employer revokes I-140 or not. It may not be possible to carry PD if the current...
  19. D

    How to prove legal status while on AOS

    Please show valid unexpired EAD and a letter from your lawyer that your GC application is pending and you are maintaining valid status.
  20. D

    Urgent Transfer After I-140 Question

    depends on the reason for I-485 denial The short answer is, yes. Key question is the reason for I-485 denial. If it is due to Company B, one could be safe. But it is due to, say, being out of status then it is not going to help much. Infact, if Intent to deny is recieved, the...
Top