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  • WFGC2006
    02-15 10:53 AM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.





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  • number30
    04-04 02:08 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?

    Call SS office they may give SS on phone or just go and ask them they will give you the number based on which you can apply for passport.

    If you apply PIO in person and pick it up in person It will take around week.





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  • baburob2
    05-25 05:59 PM
    genearlly you could have it renewed 1 year before.





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  • Munna Bhai
    01-18 12:51 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)

    yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.



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  • canmt
    11-16 08:21 AM
    Read posts on AC21 for details.





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  • browncow
    04-25 04:32 PM
    Where did you get that?

    http://www.usimmigrationsupport.org/marriage.html



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  • dilipb
    02-13 09:28 AM
    Yesterday USCIS announced officially that they need 1300 officers.
    Their recruitment, training etc itself is going to take about 4-5 months.
    So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.

    Closing this thread from my perspective since I have some good information.
    Thanks to all for providing inputs.





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  • rjgleason
    October 25th, 2005, 04:26 PM
    In and around SFO and maybe the outer area might be nice....definitely the Golden Gate at its best hours.



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  • reddy_h
    08-16 11:03 AM
    You should be getting the physical receipt in 2 or 3 days (at most a week). The check is cleared. Thats enough to know if the application is accepted. Relax man!





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  • Znan
    07-15 11:03 AM
    I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.



    The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.


    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance



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  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.





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  • jasmin45
    07-12 08:46 PM
    Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!



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  • prioritydate
    10-02 09:31 AM
    I had the same problem when I left my last company. They withheld my 15 days pay, constantly asking me to provide the no dues letter. I complained to DOL(Personally gave a call to them). I also informed Ex-Harasser that I got no option to but to complain them about the non payment of the salary. The complained worked like a charm. They sent the paycheck overnight( payed 16$ for the Fedex, can't believe that it's true). The thing is, you just need to tell them that unless you get the pay, you have no option but to complain to DOL, in most of the cases, these crooks will listen.





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  • dunkin
    07-01 03:20 PM
    will it help to also write to our respective senators regarding this?



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  • Phat7
    10-08 04:49 AM
    Originally posted by Coppertop
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7

    [Deniro voice] youuuuu, you... [/Deniro voice]:beam:





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  • la_guy
    08-19 01:07 PM
    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.


    Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...



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  • marty
    10-20 04:48 PM
    The dates are retrogressed:

    Nebraska Service Center Processing Time Report (10/19/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

    Nebraska Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications July 08, 2007


    Texas Service Center Processing Time Report (10/19/08)
    I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

    Texas Service Center Processing Time Report (9/15/08)
    I-485 Application to Register Permanent
    Residence or to Adjust Status Employment-based adjustment applications June 23, 2007





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  • sk.aggarwal
    03-25 03:17 PM
    You need to go before filing labor in order to be eligible for one year extension.

    I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.





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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).





    giddi_raja@yahoo.com
    11-02 02:43 PM
    It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

    If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

    I am on the same case, waiting for USCIS reponse. Thanks.





    smisachu
    09-28 10:25 PM
    I got my FP done today. I received the FP notice around 12th Sep. My receipt date is 4th Sep. Case is in Tx.

    Appointment time was 2PM. We reached 15mins early. The time does not matter. Long line to check and accept the form. Then we were issued numbers and asked to wait for the numbers. For the amount of people waiting for FP, they did a good and fast job. Mostly young kids and they were fast.

    Did FP and took Picture of self and wife and we were done. It took a little over 1 hour. I carried my passport but showd Drivers licence and that was all that was needed. Hope this helps.



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