Atlanta Regional DOL Tracker - Old (Archived on 09/24/2004)

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Based on some analysis i found that 334 records are still in "Received" status for July 11th 2003 received date for RIR.(my recd date is July 11th 2003). here is the result
 
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I140 Portability

Thanks for being so encouraging, rajrw and chags . Hope DOL has already had 6000 of those 8000 cleared.
I just heard a news that 140 portability rules have been changed. You don't need to have I140 approved to change your job. Once I140 and I485 have been pending for 180 days, you're free to leave. It sounds to be a great news.
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a change of jobs with the same employer to a same or similar occupation. Previous memos issued by
CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member, Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may
“port” to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the
beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.http://boards.immigration.com/attachment.php?attachmentid=8501
 
wlj_wzz

Very good news...thxs for updating..
What happens if petitioner withdraws I140...if we change our jobs before I140 approval... Document says it doesnt impact...but not clear enough to say what will happen to our 485...will that denied or approved ??? :confused:
 
My understanding is: after I140 and I485 have been filed for 180 days, the employer can do nothing to harm your application. The process will continue even the petitioner wants to withdraw the case. So that means much less RFE, too. CIS won't need to send employment verification RFE to cases which have been pending more than 180 days.
 
This ends quite a bit of our slavery.... right now i have big relief...
Thnxs for updating the forum with great news..
BTW...where did you find about this information...
 
It's great, isn't it? I found it in another forum. At first, I thought it was some kind of rumor. But after looking at the memo, I felt it to be true. In that article, a lot of other issues have been addressed, and I knew they actually happened, like new photograph rules, changing F1 to H1, etc. Click at the link and take a look at the article yourself.
 
Portability after 180 days

So, now once 180 days have passed filing 140 and 485, and I change my employer using my EAD, do I have to file some portability form (AC-21) with USCIS? Also, will I have to file 485 again??

If one changes his company after 6 months, I guess one loses touch with the attorney of the previous company. So, how do you track your case??





wlj_wzz said:
Thanks for being so encouraging, rajrw and chags . Hope DOL has already had 6000 of those 8000 cleared.
I just heard a news that 140 portability rules have been changed. You don't need to have I140 approved to change your job. Once I140 and I485 have been pending for 180 days, you're free to leave. It sounds to be a great news.
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a change of jobs with the same employer to a same or similar occupation. Previous memos issued by
CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member, Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may
“port” to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the
beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.http://boards.immigration.com/attachment.php?attachmentid=8501
Click to expand...
 
H1 Transfer

Hey guys,

I heard from someone in my company that if a person cannot trasnfer an H1 anymore. He/She will have to apply for a new H1 and will have to leave the country and go to his home country to get the new H1. This H1 will come from the new H1 quota for the year. Any truth in this or someone heard anything similar?

Thanks
 
Thats not true.


hyaqoob said:
Hey guys,

I heard from someone in my company that if a person cannot trasnfer an H1 anymore. He/She will have to apply for a new H1 and will have to leave the country and go to his home country to get the new H1. This H1 will come from the new H1 quota for the year. Any truth in this or someone heard anything similar?

Thanks
Click to expand...
 
Atlanta_Apr_04:

I have no idea if we still need to file AC-21. However, I don't think you need to refile your 485. If your attorney is hired by the company, you can hire your own and transfer your case from the company attorney. Let your new attorney to handle it. He will contact the old one if necessary. It's very common to change lawyers in nowadays.
 
Atlanta_Apr_04

How can you be so sure. They guy showed me the clip from the web, I think it was on the Newsweek site (not very sure). I will try to get a hold of some lawyer and ask him that. Can anyone else also ask his/her lawyer too? I would really appreciate that.

Thanks
 
hyaqoob:

It's NOT true. You don't need to go outside US to get a H1B transfer, unless you want to have a H1B VISA stamped on your passport. You can't get a H1B visa stamp inside US now. That's the only change. For most of us, we just want to get a H1B STATUS, not VISA. So we're still fine. I'm VERY sure about this.
 
hyaqoob:

If such a big rule change would have been passed, it would definitely have made headlines on USCIS.gov or atleast on immigration.com/murthy.com.

A lot of people have misinterpreted the H1B re-validation rule and hence this confusion.

Can you post link to the website where you saw that article?




hyaqoob said:
Atlanta_Apr_04

How can you be so sure. They guy showed me the clip from the web, I think it was on the Newsweek site (not very sure). I will try to get a hold of some lawyer and ask him that. Can anyone else also ask his/her lawyer too? I would really appreciate that.

Thanks
Click to expand...
 
I140 portability

This is an issue that AILA has been working on for quite some time. While there have been discussions and agreements in principle, there is nothing official in writing at this time. It is always uncertain the amount of time that it will take to obtain a memo with a changed policy. Sometimes, the memos appear quite quickly while, in other situations, you will have oral statements by the government but no memo for a year or more. At this time, while this is a generally favorable sign, there can be no action that should be taken in reliance upon these discussions. The previous memo requiring the approval of the I-140 is still the policy.

If there are any official announcements on this matter or a new memo, we would include it in our weekly MurthyBulletin.
 
Approval Letter

FYI,
Just got an email from Lawyer stating that he got my LC Apporval Letter on Aug 19. AVM had updated my status on July 29. Please update status list.

Thanks again for your support.
 
Question

My case was received by Sesa FL on 08/15/2003 and forwarded to ATL on 01/08/2004 (received date). Which one is the priority date? Do you have an idea how long will it take for ATL to reach my case? I appreciate very much your answer.
 
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