JunRN
09-22 07:05 PM
We cannot count on Reid. He failed us many times by manipulating everything and talking with Republicans and agreeing with them to sacrifice our bills/amendments to put forward their own agenda.
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h1bmajdoor
04-29 09:16 AM
I do not think they told us the lies, I think we raised our expecations too much, we did not do our homework. its one of those advertisement gimmicks,
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
BS. i found out about the 10,000 visas rule after 5 years here. before that it was always "you'll do well, you know math and so on".
how many of you realize that the queue gets longer every year by _seven_ years? how many people applying for h1 know this?
its not that i didn't read the fine print. _they_ kept the fine print. i was never even allowed to see it.
and when i asked for the promotions etc due to me for my work, they said, you're free to leave.
the intimidation is clear.
in hindsight, yes, i should have paid a US lawyer consulation before coming here. but before coming here i've worked in 4 countries and the experience was always nice.
except here.
where they say everthying is free and at the bottom of the page there are all kinds of restrictions written in small fonts.
thanks
BS. i found out about the 10,000 visas rule after 5 years here. before that it was always "you'll do well, you know math and so on".
how many of you realize that the queue gets longer every year by _seven_ years? how many people applying for h1 know this?
its not that i didn't read the fine print. _they_ kept the fine print. i was never even allowed to see it.
and when i asked for the promotions etc due to me for my work, they said, you're free to leave.
the intimidation is clear.
in hindsight, yes, i should have paid a US lawyer consulation before coming here. but before coming here i've worked in 4 countries and the experience was always nice.
except here.
capriol
06-29 01:15 PM
Friends, my AP renewal was received by SRC on June 7th (the receipts says that), but no approvals so far. Any body in the same boat waiting as of June 7 receipt, or has been approved as of that date? Please let me know.
2011 LG Free Cell Phone Wallpaper
another one
06-10 03:15 PM
Maybe we should tell NRA that lot of skilled immigrants will buy guns once they have GCs. That could be the fastest way for us to get some lobbying money. It could work faster then the message on "buying houses".
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
more...
crazyghoda
01-14 08:09 PM
I dont think this bills has anything favourable to legal immigrants... It better to apply as the other category ....
I think someone finally saw the light here.
Cant you guys see the HUGE change that this is. Get out of the whole legal-illegal pissing match. This change will make the US immigration system in line with that of the UK. You get here. You stay here for 5 years. You apply and be granted Permanent Residency. Thats it.
Will that open the floodgates? Sure they will. How will they be countered? By making it very very difficult for employers to hire foreigners. If you are already here, you are fine.
Employers who hire illegal folks will face tough sanctions. the new eVerify system will probably now be mandatory for all. That takes care of those employers who were in the Dont ask, Dont tell (not talking about the military policy towards gays here) attitude. It wont weed out everyone and there will still be some guys who will work for cash, etc but it will reduce this significantly.
Employers who abuse the H1 system will now have to do lots more to prove that they couldnt find a qualified US worker. The desi employers that everyone loves to hate will find it very hard to stay in business anymore.
The big IT companies like TCS and Patni who pay 40-50K to someone with 7 yrs of work exp (like I was) will now be forced to hire from the US market thus eliminating the chances of abuse. Unfortunately it will depress IT wages in India because these biggies will need to show some kind of cost savings to do work offshore otherwise most companies will decide to bring the work back since its just not worth it to handle the hassles of offshore work. But overall it will bring some kind of balance.
All a person now will need to do is get here and manage to hold on to some job for 5 years and you will be through.
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards. USCIS can take the whole EB1-EB2-EB3 and stick it where it belongs.
I think someone finally saw the light here.
Cant you guys see the HUGE change that this is. Get out of the whole legal-illegal pissing match. This change will make the US immigration system in line with that of the UK. You get here. You stay here for 5 years. You apply and be granted Permanent Residency. Thats it.
Will that open the floodgates? Sure they will. How will they be countered? By making it very very difficult for employers to hire foreigners. If you are already here, you are fine.
Employers who hire illegal folks will face tough sanctions. the new eVerify system will probably now be mandatory for all. That takes care of those employers who were in the Dont ask, Dont tell (not talking about the military policy towards gays here) attitude. It wont weed out everyone and there will still be some guys who will work for cash, etc but it will reduce this significantly.
Employers who abuse the H1 system will now have to do lots more to prove that they couldnt find a qualified US worker. The desi employers that everyone loves to hate will find it very hard to stay in business anymore.
The big IT companies like TCS and Patni who pay 40-50K to someone with 7 yrs of work exp (like I was) will now be forced to hire from the US market thus eliminating the chances of abuse. Unfortunately it will depress IT wages in India because these biggies will need to show some kind of cost savings to do work offshore otherwise most companies will decide to bring the work back since its just not worth it to handle the hassles of offshore work. But overall it will bring some kind of balance.
All a person now will need to do is get here and manage to hold on to some job for 5 years and you will be through.
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards. USCIS can take the whole EB1-EB2-EB3 and stick it where it belongs.
svgupta
05-22 04:27 PM
Guys....
Contribute NOW
if not ... When & Why ??????????????
Now or Never... those not contributing would regret later and feel guilty. Ask yourself: When and Why (not contribute)?
Contribute NOW
if not ... When & Why ??????????????
Now or Never... those not contributing would regret later and feel guilty. Ask yourself: When and Why (not contribute)?
more...
yabadaba
07-10 09:15 AM
dhl tacking number from ftd
Tracking history Help
Date and Time Status Location
7/10/2007 8:29 am With delivery courier. Washington - Ronald Reagan National, DC
7:28 am Arrived at DHL facility. Washington - Ronald Reagan National, DC
1:03 am In transit. Wilmington - Clinton Field, OH
12:32 am Processed at DHL Location. Wilmington - Clinton Field, OH
7/9/2007 6:29 pm Departing origin. Miami - Tamiami, FL
4:01 pm Shipment picked up Miami - Tamiami, FL
Tracking history Help
Date and Time Status Location
7/10/2007 8:29 am With delivery courier. Washington - Ronald Reagan National, DC
7:28 am Arrived at DHL facility. Washington - Ronald Reagan National, DC
1:03 am In transit. Wilmington - Clinton Field, OH
12:32 am Processed at DHL Location. Wilmington - Clinton Field, OH
7/9/2007 6:29 pm Departing origin. Miami - Tamiami, FL
4:01 pm Shipment picked up Miami - Tamiami, FL
2010 Cell Phone Wallpapers
funny
09-22 01:59 PM
Folks,
Lets start posting the messages "I Called.." (of course you have to call first..:D)
Lets start posting the messages "I Called.." (of course you have to call first..:D)
more...
swami_nag
02-15 07:24 PM
1. If you are in IT field, you don't even have a grasp of software development lifecycle and the part QA plays in it. A good QA cycle is essential for a good quality product. It is your ignorance about software development cycle that makes you say good QA guys are not an asset for a good product and they are not smart as developers.
Well I am not a software engineer but I do understand the role it plays so I do know im not dumb. Thank you for your words of wisdom.but I wouldnt agree with the fact that people have to be flown in from other parts of the world for this, yes there are corner cases in every product validation cycle which needs really talented people the vast majority do not do that
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
Do come out of your own imaginary world, I can forward you a dozen emails my wife gets from these so called messiahs of the IT industry. 3.
All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
I am not anti-immigrant at all. There are good and hopeless people in every aspect of life , I see the H1-B visa or any employment based visa scheme as a prized posession and only the best should be allowed to lay claim on these ones which unfortunately isnt happening.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
No matter what I explain to you, you'd always be giving me a raw deal, I am not even going to explain myself.
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
OK thats a biggie I should have known better I'd be clear the next time around. Due apologies.
Well I am not a software engineer but I do understand the role it plays so I do know im not dumb. Thank you for your words of wisdom.but I wouldnt agree with the fact that people have to be flown in from other parts of the world for this, yes there are corner cases in every product validation cycle which needs really talented people the vast majority do not do that
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
Do come out of your own imaginary world, I can forward you a dozen emails my wife gets from these so called messiahs of the IT industry. 3.
All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
I am not anti-immigrant at all. There are good and hopeless people in every aspect of life , I see the H1-B visa or any employment based visa scheme as a prized posession and only the best should be allowed to lay claim on these ones which unfortunately isnt happening.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
No matter what I explain to you, you'd always be giving me a raw deal, I am not even going to explain myself.
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
OK thats a biggie I should have known better I'd be clear the next time around. Due apologies.
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lazycis
12-11 02:57 PM
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
If you haven't tried it yet, try to follow the procedure I described on the 1st page
http://immigrationvoice.org/forum/showpost.php?p=199646&postcount=3
The only reason you need is that yor EAD app is pending more than 90 days. Ask for a receipt that they followed procedures outlined in memo. They have to contact service center where your I-765 is pending and request expedite processing. You can also print federal regulations
http://a257.g.akamaitech.net/7/257/2422/26mar20071500/edocket.access.gpo.gov/cfr_2007/janqtr/pdf/8cfr274a.13.pdf
Section 274a.13(d) sets that 90 days deadline.
more...
unitednations
04-27 04:20 PM
^^^^^^^^^
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
hot New Cell Phone Wallpaper
kondur_007
09-29 11:05 AM
The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
more...
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sidchhikara
05-14 03:21 PM
In America - anybody can say a racial slur against you and they will not be prosecuted under law - you can also do the same without fear of prosecution. Although both of you might loose your jobs because you work for a private company - they have the right to fire anybody they want. First and foremost - please respect the freedom of speech - words dont kill!
Here are a few things that might help shut up folks who talk against you...
1) There is no reason to be overly sentimental about anything (being sentimental and having a sense of entitlement is a desi trait that needs to be gotten rid of as soon as you get off that plane at the airport - it is something that should not have been there in the first place. You are not special, this is not your country, the ppl over here are not dumb, you are here on business and maintain that attitude. If somebody misbehaves with you tell outside of work, them to f*** off - if somebody does that at work - you can reply to them without using abusive language - because abusive language might get you fired. If you HR is effective complain to them - but I prefer to handle it at an individual level - because I am not scared - thats the beauty of America)
2) Dress properly - get a haircut and dont use cooking oil instead of gel. Get rid of the moustache if you have one. Make sure you dont stink. Dressing up smartly elevates your image - remember this country is very image conscious - which I think it should be. Dressing nicely and smelling good will not hurt anybody. To all desi women - please get rid of all the facial + body hair that is visible. Please wear makeup - because you may not be naturally beautiful. Donot act like slobs - nobody likes that.
3) Respect boundaries and dont make other ppl smell your food.
4) Be positive in your attitude, improve your communication skills and dont act servile.
5) Most desis are hard working and responsible people - nothing should hold them back - not certainly the need for an image makeover.
All fellow desis take care and enjoy your life here - life is too short to be depressed about the green card everyday. Most important thing is you stay happy everyday - here or in India.
Here are a few things that might help shut up folks who talk against you...
1) There is no reason to be overly sentimental about anything (being sentimental and having a sense of entitlement is a desi trait that needs to be gotten rid of as soon as you get off that plane at the airport - it is something that should not have been there in the first place. You are not special, this is not your country, the ppl over here are not dumb, you are here on business and maintain that attitude. If somebody misbehaves with you tell outside of work, them to f*** off - if somebody does that at work - you can reply to them without using abusive language - because abusive language might get you fired. If you HR is effective complain to them - but I prefer to handle it at an individual level - because I am not scared - thats the beauty of America)
2) Dress properly - get a haircut and dont use cooking oil instead of gel. Get rid of the moustache if you have one. Make sure you dont stink. Dressing up smartly elevates your image - remember this country is very image conscious - which I think it should be. Dressing nicely and smelling good will not hurt anybody. To all desi women - please get rid of all the facial + body hair that is visible. Please wear makeup - because you may not be naturally beautiful. Donot act like slobs - nobody likes that.
3) Respect boundaries and dont make other ppl smell your food.
4) Be positive in your attitude, improve your communication skills and dont act servile.
5) Most desis are hard working and responsible people - nothing should hold them back - not certainly the need for an image makeover.
All fellow desis take care and enjoy your life here - life is too short to be depressed about the green card everyday. Most important thing is you stay happy everyday - here or in India.
tattoo Cell phone background image
chiraj
07-17 05:10 PM
Why you did not quote? please quote here . common man knows you can not get whole life for $100/m for 1million even in 30s...
Can you tell me few web sites to get a quote for Whole Life insurance?
Which Insurance companies are best for Whole Life Insurance?
Thanks
Can you tell me few web sites to get a quote for Whole Life insurance?
Which Insurance companies are best for Whole Life Insurance?
Thanks
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pictures cell phone background images.
delax
07-19 03:07 PM
In the signature
dresses ackground and cell phone
tampacoolie
07-02 06:24 AM
Upgraded to PP on 06/27.
LUD on 06/29 , 06/30 ( working on saturday :confused: ).
Holding my breath.... :(
LUD on 06/29 , 06/30 ( working on saturday :confused: ).
Holding my breath.... :(
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cram
08-22 10:14 PM
Anybody???
girlfriend Simple cell phone wallpaper
chanduv23
10-12 12:06 PM
^^^^^^^^^^^^^
hairstyles Cute little bunny cell phone
GCplease
01-22 10:30 AM
This Tracker facility we have in IV is good. Kudos to the Admin team who implemented this thing.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
mantagon
09-15 02:41 PM
Now that you have seen 'good' results, what have you decided? Buy or Rent?
we have close to 200 votes... I never imagined the % will so much higer..... around 80%...
Thanks again.
we have close to 200 votes... I never imagined the % will so much higer..... around 80%...
Thanks again.
Goodintentions
04-11 07:57 AM
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
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