jasmin45
07-21 07:32 PM
I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
Nothing against you guys.. we totally understand your pain.. Labor is an application by your employer.. and they will have to be the paintiff not one of us as an individual. Where as 485 is an application by Individual for AOS. So Individual can be a paintiff and thats the reason why I believe ALIF was planning to move forward with class action..had uscis not reversed their decision.
I myself had a PD of 02 but my employer decided to drop classic labor to file again using PERM in 05.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
Nothing against you guys.. we totally understand your pain.. Labor is an application by your employer.. and they will have to be the paintiff not one of us as an individual. Where as 485 is an application by Individual for AOS. So Individual can be a paintiff and thats the reason why I believe ALIF was planning to move forward with class action..had uscis not reversed their decision.
I myself had a PD of 02 but my employer decided to drop classic labor to file again using PERM in 05.
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learning01
03-17 11:34 AM
March 17, 2006, 1:16 a.m.
Securing America�s Borders
It�s a national-security issue.
By Senator Bill Frist
America needs secure borders. Right now, we don't have them. Every day thousands of people violate our frontiers. We don't know their identities and, quite often, we can't stop them. As a nation of immigrants who honor the rule of law, we must secure our borders before we can reform our immigration policies.
That's why I introduced the Securing America's Borders Act Thursday night. The bill will take our first step towards a safer and more secure border. This new law will add resources to border protection; give our immigration-enforcement officials new legal tools; invest in barriers; and make it easier for employers ensure that they hire only citizens and legal residents. In short, it will make border security a key component of our national-security plans.
Enhanced border protection starts with additional people and equipment along our frontiers. While the Senate last year led an effort add new border-patrol agents to the President's budget, a single action can't solve a longstanding agent shortage. Over the next six years all told, my bill will add nearly 15,000 additional border protection professionals to augment the 20,000 Customs and Border Protection agents already on the job. To make sure that all CBP officers benefit from the best available technology, furthermore, my bill provides for new investments in aerial vehicles, cameras, and sensors. To give CBP's work purpose, it will also establish a tough, thoughtful, and comprehensive national border-security strategy.
So that DHS officials can catch those who violate our borders, my bill will also enhance collection of biometric data about border crossers while creating tough new penalties for human smugglers, people who forge border-crossing documents, and those who involve themselves in sham marriages. Finally, terrorists and members of dangerous gangs will face expedited removal from the United States.
Prevention also matters. We can nip security challenges at the bud and save lives if we prevent people from breaking our immigration laws in the first place. Each year, many people die trying to cross our border. I've already asked the Government Accountability Office to investigate the deaths along the border but I don't believe we can wait for study results. Thus, my bill will also begin the process of building a 1,951-mile long virtual barrier across every inch of our border with Mexico. The new barrier will combine walls and fences in high-traffic areas with sensors to let CBP see and hear those who make a run for it in low traffic areas. Together, these measures should make the border safer and more secure.
Enforcing immigration laws with regard to those who enter the country, however, will only do so much to enhance our national security. Most of the people enter America illegally, after all, come here to work. Nearly everyone agrees that employers should have some responsibility for making sure their employees have legal clearance to take and keep their jobs. Right now, even the most well-intentioned employers lack a quick, efficient, foolproof way to verify the immigration status of the people they hire. Thus, my bill will expand an existing pilot program into a full-fledged electronic employer-verification database to help employers and workers alike.
While these proposals provide a good starting point, we still need to do more. Among other things, the full Senate will need to address ways we can balance security interests with our economy's labor needs and the role National Guard units might play in border enforcement. In the long term, our government needs to work on policies that encourage democracy and prosperity abroad which will also address our immigration crisis by reducing the number of people who feel that coming to the United States is their only option.
We are a nation of immigrants and that heritage remains strong in our hearts. Every immigration- and border-related policy the Senate approves must contribute to our country's security. Only a focus on security that emphasizes the rule of law will make our nation safer for all those who live here and who come here.
� Bill Frist is the U.S. Senate Majority Leader.
http://www.nationalreview.com/comment/frist200603170116.asp
Securing America�s Borders
It�s a national-security issue.
By Senator Bill Frist
America needs secure borders. Right now, we don't have them. Every day thousands of people violate our frontiers. We don't know their identities and, quite often, we can't stop them. As a nation of immigrants who honor the rule of law, we must secure our borders before we can reform our immigration policies.
That's why I introduced the Securing America's Borders Act Thursday night. The bill will take our first step towards a safer and more secure border. This new law will add resources to border protection; give our immigration-enforcement officials new legal tools; invest in barriers; and make it easier for employers ensure that they hire only citizens and legal residents. In short, it will make border security a key component of our national-security plans.
Enhanced border protection starts with additional people and equipment along our frontiers. While the Senate last year led an effort add new border-patrol agents to the President's budget, a single action can't solve a longstanding agent shortage. Over the next six years all told, my bill will add nearly 15,000 additional border protection professionals to augment the 20,000 Customs and Border Protection agents already on the job. To make sure that all CBP officers benefit from the best available technology, furthermore, my bill provides for new investments in aerial vehicles, cameras, and sensors. To give CBP's work purpose, it will also establish a tough, thoughtful, and comprehensive national border-security strategy.
So that DHS officials can catch those who violate our borders, my bill will also enhance collection of biometric data about border crossers while creating tough new penalties for human smugglers, people who forge border-crossing documents, and those who involve themselves in sham marriages. Finally, terrorists and members of dangerous gangs will face expedited removal from the United States.
Prevention also matters. We can nip security challenges at the bud and save lives if we prevent people from breaking our immigration laws in the first place. Each year, many people die trying to cross our border. I've already asked the Government Accountability Office to investigate the deaths along the border but I don't believe we can wait for study results. Thus, my bill will also begin the process of building a 1,951-mile long virtual barrier across every inch of our border with Mexico. The new barrier will combine walls and fences in high-traffic areas with sensors to let CBP see and hear those who make a run for it in low traffic areas. Together, these measures should make the border safer and more secure.
Enforcing immigration laws with regard to those who enter the country, however, will only do so much to enhance our national security. Most of the people enter America illegally, after all, come here to work. Nearly everyone agrees that employers should have some responsibility for making sure their employees have legal clearance to take and keep their jobs. Right now, even the most well-intentioned employers lack a quick, efficient, foolproof way to verify the immigration status of the people they hire. Thus, my bill will expand an existing pilot program into a full-fledged electronic employer-verification database to help employers and workers alike.
While these proposals provide a good starting point, we still need to do more. Among other things, the full Senate will need to address ways we can balance security interests with our economy's labor needs and the role National Guard units might play in border enforcement. In the long term, our government needs to work on policies that encourage democracy and prosperity abroad which will also address our immigration crisis by reducing the number of people who feel that coming to the United States is their only option.
We are a nation of immigrants and that heritage remains strong in our hearts. Every immigration- and border-related policy the Senate approves must contribute to our country's security. Only a focus on security that emphasizes the rule of law will make our nation safer for all those who live here and who come here.
� Bill Frist is the U.S. Senate Majority Leader.
http://www.nationalreview.com/comment/frist200603170116.asp
vdlrao
07-15 04:28 PM
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 is only about 3000 each. That means 21,500 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
good post but The regular quota for EB2 and EB3 is only about 9,800(7% of 140k visas) each
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 is only about 3000 each. That means 21,500 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
good post but The regular quota for EB2 and EB3 is only about 9,800(7% of 140k visas) each
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belmontboy
05-29 04:09 PM
They are proving themselves as idiots. Who else has money to fly now a days?
Well, if your travel agent offers a Air France ticket, refuse and tell him the reason why u don't want to fly them.
First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.
Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.
Well, if your travel agent offers a Air France ticket, refuse and tell him the reason why u don't want to fly them.
First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.
Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.
more...
ameryki
10-07 11:59 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
rustamehind
07-17 08:12 PM
I am in a silimar situation stuck at PBEC. I haven't posted anything because people are quick to come and bash (as you noted - even if we are just venting frustration - like the rest of everyone a few days back). Yeah, life is unfair but some things further add to it.
P.S. My husband attended the rally in SJ nevertheless (I was out of town.)
We are ready to help BEC guys in whatever way possible.Don't think you are left alone.
P.S. My husband attended the rally in SJ nevertheless (I was out of town.)
We are ready to help BEC guys in whatever way possible.Don't think you are left alone.
more...
gcformeornot
04-26 01:40 PM
what right for everyone. Please contribute. Consider the value IV adds to your life.....
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sanju
09-12 12:59 AM
Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
more...
485Mbe4001
07-17 01:47 PM
It all depends on the number of people on EB3 for each month from Nov 2001 to date. Since dont have the slightest idea, there is little we can do. if you can switch, go ahead and switch. Its no use speculating, data doesnt tell anything because sample size on that site is very small and the data is not up to date.
if an EB 3 switches to EB 2 is the visa deducted from the EB 2 quota or EB3 or both, i guess it should be EB2 ... considering USCIS..who knows.
if an EB 3 switches to EB 2 is the visa deducted from the EB 2 quota or EB3 or both, i guess it should be EB2 ... considering USCIS..who knows.
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AuntyDan
06-19 07:49 PM
The problem is quota of 90,000 visas is available for petitions filed before October 1st 2007. MBS will not start until October 1st 2008 (because of 270 days gap).
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
more...
Saralayar
06-04 04:14 PM
Thanks for replying MC. One more question. Can I send one combined check for my spouse and me?
Better you send seperate check.
Better you send seperate check.
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stldude
07-05 09:08 AM
I agree. The PD for Oct' Bulletin will probably somewhere in mid-end of 2003 and i don't think it'll ever go back to Current .... So what happens to all the 2006,2007 applications ???
EB3/ PD May 2003
EB3/ PD May 2003
more...
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legalVoice
07-06 12:57 PM
pass it around...it will make us forget our problems for a while
Good one :-)
:p
Well it would be easier to work with Oracle, Microsoft etc and get their support and provide your support to them.
Good one :-)
:p
Well it would be easier to work with Oracle, Microsoft etc and get their support and provide your support to them.
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apb
09-07 06:07 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
more...
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bobby12
05-13 10:47 PM
I just found out that I will not be getting the stimulus as my wife is cannot get a SSN. In addition, we will not be getting stimulus amount for our American born daughter.
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
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cagedcactus
10-16 07:32 AM
Bestin, you brought up excellent points. We will discuss them at the meeting and make a list of things to do. We will decide there which nails should be hit hard.
Bestin, I looked at your signature, and felt very proud for you. You applied your labor in July 2007 only, and you are fired up to support and contribute to the cause. It shows how aware and alert you are. It shows how you refuse to face this unfair system. It shows that you want to fight for your rights....
Shame on those who have been stuck for years and years, but dont want to do anything off their lazy behinds..... they just think that their GC will arrive on a silver spoon and land in their salivating mouths....
I have news for ya....... IT IS NOT GOING TO ARRIVE ANY TIME SOON UNLESS YOU GET UP AND DO SOMETHING ABOUT IT. :rolleyes:
come on friends..... we have 15 people coming so far..... lets take that number higher and higher.......
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
Bestin, I looked at your signature, and felt very proud for you. You applied your labor in July 2007 only, and you are fired up to support and contribute to the cause. It shows how aware and alert you are. It shows how you refuse to face this unfair system. It shows that you want to fight for your rights....
Shame on those who have been stuck for years and years, but dont want to do anything off their lazy behinds..... they just think that their GC will arrive on a silver spoon and land in their salivating mouths....
I have news for ya....... IT IS NOT GOING TO ARRIVE ANY TIME SOON UNLESS YOU GET UP AND DO SOMETHING ABOUT IT. :rolleyes:
come on friends..... we have 15 people coming so far..... lets take that number higher and higher.......
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
more...
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santb1975
04-28 10:47 PM
Thanks a bunch.
I will contribute $50 for every $10000 collected.
So $50 for $10000, $50 for $20000, $50 for $30000, $50 for $40000 and $50 for $50000.
I will contribute $50 for every $10000 collected.
So $50 for $10000, $50 for $20000, $50 for $30000, $50 for $40000 and $50 for $50000.
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buehler
06-14 07:51 AM
I missed this news.
Who can apply for 485?
My Labor was approved and I-140 pending.
My PD is Feb, 2006.
Can I apply for 485 now.
My both daughters are in India.
If I can apply now then I will have to bring my daughters immdtly to U.S.
Please can some body help me.
With regards,
Ricky
You can apply and if you want to file for your daughters, then they will have to be present here at the time of filing.
Who can apply for 485?
My Labor was approved and I-140 pending.
My PD is Feb, 2006.
Can I apply for 485 now.
My both daughters are in India.
If I can apply now then I will have to bring my daughters immdtly to U.S.
Please can some body help me.
With regards,
Ricky
You can apply and if you want to file for your daughters, then they will have to be present here at the time of filing.
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simple1
08-07 05:51 PM
To Simple1
�. Really need a lion's heart to pursue US GC now days
I fully agree.
I am no lion, if nothing moves in next 6m, Will be calling quits and head back.
�. Really need a lion's heart to pursue US GC now days
I fully agree.
I am no lion, if nothing moves in next 6m, Will be calling quits and head back.
ashishgour
05-18 01:35 PM
Done..
mohican
01-02 12:50 AM
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
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