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bestia's Immigration Cases

anrrao, not to scare you, but unapproved I-140 (and pending for a long time) is very different from an approved I-140. The Yates memo mentioned specifically, that if USCIS sends RFE and the former employer does not respond or responds with something like "the person is not employed with us anymore", then I-140 must be denied. Your former employer MUST cooperate until I-140 is approved. Do everything possible. When USCIS approved I-140 only then the former employer can't do anything.

He has in the past gone on the record advising clients to toss their H1 when the 6 year limit is reached, and just work on EAD. His shpiel: "If anything goes wrong, the underlying H1 is not going to help you beyond the 6 year limit, so just be on EAD".

And what was wrong with the spiel?

If your I-485 is denied, your H1 is beyond 6 years, then H1 extension is really useless. If your denial is serious (fraud or I-140 problems), then the remaining time on H1 extension is not gonna be enough to redo I-140 (and maybe LC) and refile I-485. If the denial is bogus, then MTR/Appeal/Lawsuit will straighten the things. Gotcher even argues that once I-485 is denied, then H1-extension becomes invalid immediately (since it was given because of pending I-485). I don't know about that, though..

If the the investigation will lead to revocation of your I-140, then you will get into hot waters. If he committed something recently and/or it doesn't concern your I-140 - then you will be fine.

Instead of you, I wouldn't be traveling at all and would keep an eye on the previous employer. If you feel that your I-140 might be at risk, then redo LC/I-140 - this way you will be able to keep your PD. If you feel that your I-140 is safe - then don't worry.

oh, come on, bluekayal. what was impolite in what bob said? he voiced his opinion. so what?

So you think no one who is an employment based immigrant will get laid off in the 5, 10, 15

Yea... I think... if the employee is really valuable, has really extraordinary abilities, if there is a real shortage of US employees, if the company has paid for employee's immigration papers... please note - I mentioned things that are required by law.... No I don't think the company then will just go ahead and fire him... - I have never seen in my life one valuable employee being fired...

Why don't you ask this question to US Congress, who crafted the law? Write some open letter... how valuable unemployment based immigrants are.. They might listen... who knows... you might want to tell them few other verses from Bible... (like about slavery), it might work..

GolfCharlie, actually if she is dependent - I think, she can do it. There is no requirement for employment of dependents.

"trackitt people" already can compile some soap opera called "Angry housewives" ;)

...and its been hard to find same or similar job...

Read what the law says. The law says that employment based based green cards are for those people who fill the positions where there is a significant shortage of American employees. That's why it's called "employment based" green card. You might want to apply for "esoteric skills green card".

If you are unemployed - then you are not employment based immigrant, it's obvious, plain, and simple. You might qualify for "unemployment based green card" though...

Yes, you can file for UI, but you will not qualify for employment based green card.

you wouldnt be thinking about conspiracy if you, yourself is waiting for his/hers approval?

He would be thinking about immigrant conspiracy to take over US and Europe ;)

There is no procedure for that. It's automatic. Once you no longer have H1, she loses H4. Since you both have I-485's pending - these your statuses.

Yes, you can take part-time job using EAD.
There is no procedure of changing from H1. Once you use EAD - you are on EAD.
I don't see any drawback of dumping H1. Some might argue that H1 is a backup in case 485 is denied, but many (including myself) disagree with that. Because if the total time takes more than 6 years, then keeping H1 is completely useless.
Another good thing about having H1 is ability to go abroad, get married and bring the spouse on H4, but since you are married and your wife is here, it doesn't matter.
I don't see any other use for H1.

BTW, Bestia, how long are you planning to hang around...

I have no idea, chilling here so far :) Congrats for the plastic. That's it. I guess I got mine so fast because I wrote to every Senator, Congressman, Ombudsman. Probably they were like "damn it, just give him the damn card, just shut him up" :) Until now I receive replies like "USCIS responded to our inquiry... your case has been approved... bla-bla-bla...". feels good, feels good :)

MrVulcan is still here :)

Yeah, I remember that thread - it was tough thread, but we kinda managed to keep it somewhat civilized :) I wonder what happened with Helenb, I think she was on some sort of E visa - curious if any of E people got GC, I always thought that it's really hard, next to impossible. I wonder what happened with A (British girl), if she had her stuff sorted out. Funny, but we live really close and hired the very same lawyer :) yet I have no clue :)

Well... the rest are just moved on with their green lives :)

I don't know, SuperCanuck - it was like that 2 years ago too. People are people. I wasn't good at spotting fakes at all :) if you remember Zma - she was good at it :) Unfortunately old gang mostly left.... well... new will form :)

My details are still there and can be used to track progress. If you don't like USA, just assume it is ROW. What's really impeding progress is by starting threads like this one.

OK, his profile shows approved EB2/NIW. Another fake.

This is from his previous posts

"my1234, Could you provide us with links to the papers you published?

I don't have any papers, and don't have a masters degree so I only qualify for EB3."

Admin, get this jerk out of this forum. Fake profiles damage the tracker. It's not that hard to spot fakes.

why don't you stop telling me what to do?

Oh, I'm not angry :) Limboo. I always qualified for the lottery (needless to say - never won, yet seen how people win filing 20-30 applications to improve their odds - very often worked). I'm just criticizing, voicing my opinion, nothing more. I certainly agree, that actions of few shouldn't be sufficient to draw conclusions. I think more study on this subject is necessary and I don't think that USCIS really studies anything. If they have trouble sorting pending cases according to PD, can we expect from them some deeper study about impact of DV program on the US? I don't think so.

...but I think your issue should be with the immigration service and not with the DV program...

Exactly.. I believe there has to be a DV program, but not like it is today - just a random lottery. Why not have just a Canada-like immigration program for countries with low immigration? What's wrong with that? How random lottery is any better?

How many people I know who won a lottery but never wanted to come to US, they just travel twice a year no to lose the GC. I know people who stayed in the US until they got citizenships and then left US for good. Why? Because they never wanted to come to US on first place. Why did they play? Just for the heck of it. Why do they keep GCs/citizenships? Because it's easier to travel having US passport, it saves money and time on visas. Can anybody explain to me, how on Earth US is benefited from that? How on Earth these people bring "diversity" to US?

LOL, I don't think "crazy white dudes" have any clue what "gulti" is :)

on a lighter note, bestia likes cold pizza.

Nah, I don't like pizza at all :)

Member Profile: bestia (1174 posts)