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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #16 (permalink)  
Old 01-08-2009, 07:44 PM
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Unhappy Success rate of PD porting?

Hello,
Thanks for all the responses. As per the USCIS policy, priority date can be ported only if it is not revoked for fraud or misinformation. In my case, since Satyam is involved in this fraud / accounting scandal, will it affect porting the PD successfully? Your thoughts please?

Thanks...
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  #17 (permalink)  
Old 01-08-2009, 08:13 PM
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Originally Posted by NELLAIKUMAR View Post
Hello,
Thanks for all the responses. As per the USCIS policy, priority date can be ported only if it is not revoked for fraud or misinformation. In my case, since Satyam is involved in this fraud / accounting scandal, will it affect porting the PD successfully? Your thoughts please?

Thanks...
Fraud or misinformation w.r.t the I-140 application.
Not the accounting policies. Hope this helps!!!
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  #18 (permalink)  
Old 01-08-2009, 11:25 PM
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Originally Posted by belmontboy View Post
Fraud or misinformation w.r.t the I-140 application.
Not the accounting policies. Hope this helps!!!

Unless, the I-140 was for onsite accounting position to work at world bank project ...:-)

Relax, if your I-140 is approved....you can port to this priority date but will need to start GC step through somneone else...again...confirm with lawyer.
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  #19 (permalink)  
Old 01-09-2009, 02:12 AM
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First of all why do you need to change the company. Though there is a problem in upper management as an employee you might be paid well and treated well. Unless your job is under risk you can wait and see what happens. Also there should not be any impact for immigration point of view.

Quote:
Originally Posted by NELLAIKUMAR View Post
Hello,
Thanks for all the responses. As per the USCIS policy, priority date can be ported only if it is not revoked for fraud or misinformation. In my case, since Satyam is involved in this fraud / accounting scandal, will it affect porting the PD successfully? Your thoughts please?

Thanks...
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  #20 (permalink)  
Old 01-09-2009, 02:34 AM
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Hi NELLAIKUMAR,

Check your PM or else message me if you want to discuss your options.

Thank you.
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  #21 (permalink)  
Old 01-20-2009, 01:28 PM
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Unhappy Success rate of PD porting?

After all the details came out of Satyam, it looks to me that the finalcial statements or tax returns provided by Satyam to prove "the ability to pay" would be treated as fraud and misinformation. In that case, USCIS is most likely to revoke the approved I-140 if I try to port the priority date to my future I140 application. Any reason to hope otherwise??
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  #22 (permalink)  
Old 01-20-2009, 04:44 PM
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Originally Posted by NELLAIKUMAR View Post
After all the details came out of Satyam, it looks to me that the finalcial statements or tax returns provided by Satyam to prove "the ability to pay" would be treated as fraud and misinformation. In that case, USCIS is most likely to revoke the approved I-140 if I try to port the priority date to my future I140 application. Any reason to hope otherwise??
I think you need to find out e technicalities. Your I-140 may have been applied by Satyam US and not Satyam India. Not sure if US government has declared Satyam US books as fraud. If not, Indian government investigation should influence the deicision because of 'ability to pay'.
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  #23 (permalink)  
Old 01-20-2009, 05:22 PM
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Default SEC investigating satyam

http://www.bloomberg.com/apps/news?p...ykY&refer=home
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  #24 (permalink)  
Old 01-20-2009, 05:29 PM
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Originally Posted by gcformeornot View Post
Too bad, so sad. Then what will happen to the approved greeen card petitions that were filed by Satyam. Will ths USCIS revoke those green cards on the grounds that ability to pay documents submitted for I-140 were fraudulent?

.
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  #25 (permalink)  
Old 01-20-2009, 11:37 PM
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Originally Posted by sanju View Post
Too bad, so sad. Then what will happen to the approved greeen card petitions that were filed by Satyam. Will ths USCIS revoke those green cards on the grounds that ability to pay documents submitted for I-140 were fraudulent?

.
That raises scary possibility for the guys who used to work for Satyam and now on EAD using AC21.
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  #26 (permalink)  
Old 01-21-2009, 12:16 PM
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If you file for new PERM application and port your old priority date I dont think USCIS will have any issues. Satyam has been implicated for accounting related charges and not for any thing wrong with its immigration policies. So when you port the dates I do not anticipate any issues.
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  #27 (permalink)  
Old 01-21-2009, 01:57 PM
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Default past is past....

guys,

i see this discussion not going anywhere other than Satyam Employees getting scared
and finding out some way to worry ( as it is evident from previous posts..what is this happens, what if that happens....).

I thought of adding My 2 cents as well....
what Satyam did in past is past, best solution for Neelai.kumar....and others working with satyam is move to another employer.
If you cant move to new job right away, plan to move sometime in future.
Please donot worry for what has happened in past.....its gone...work on next steps.

NO ONE CAN PROVIDE ANY ASSURANCE ABOUT WHAT USCIS MAY DO even for 100% by the book immigration cases; forget about any financial worries filed by Satyam India having any impact on ability to pay for Satyam US employees who have been working here in US.
If this is such a big problem, first they should move everyone back who is working on H1 right away. They will not, because all these reports in media have nothing concrete enought for a immigration agency to start panicking.

i my view you cant change past, you went by the book...SATYAM Employees should not worry because they have pay stubs/slips, money in bank to prove.
Even the future employements are judged by ability to pay today not in future. Companies cant predict revenues 3 months in advance correctly ....how come immigration agency can ask them for correct numbers for 8 years in advance for a engineeer.


take it easy man, life a life. please stop worrying....
Instead of worrying all day on computers, go out and volunteer....it will all fall in place.
Donot worry.

my 2 cents, donot take it personally please.
Its for us all....
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  #28 (permalink)  
Old 01-22-2009, 10:21 PM
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Unhappy Filing GC for Future Employement - Any Risks?

If I restart my GC through Company A that I will be joining and at the same time file through company B based on future employment, I think it increases the possibility of RFEs for my company B's GC because it is for future employment. Will it also have any effect in my GC Process through Company A, just because I have applied through company B also. Can you please let me know your thoughts. I am considering this just to safegaurd in case any mergers / acquisitions happen to Company A.

Thanks for all your inputs...

Last edited by NELLAIKUMAR; 01-25-2009 at 04:47 PM.
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  #29 (permalink)  
Old 01-28-2009, 06:47 AM
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Default 140 Approved - Working for Satyam.

Satyam had clearly presented the view when the stock started correcting below 140 and gave opportunities till 115. Also the range to buy in pyramid way was to 140-110. Pyramiding implies going say 50-100-200 and so on in falls to build a position. The strategy to book profits would similarly be in pyramid method of 50-100-200 and so on to reduce risks and conserve gains.
Stock has moved frm 120 to 160 which is a minimum returns of 15-30 %. Advise is to book 30-50 % of holding and trail rest.
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  #30 (permalink)  
Old 02-11-2009, 10:19 PM
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Unhappy Prediction for Satyam Employee's immigration issues.

I saw this write-up by one of the immigration attorneys in their daily newsletter analyzing the Satyam Issue. This has removed the little bit of hope I had that some company would be acquiring Satyam and then filing Successor-in-interest or at least retaining my priority date. That does not seem to be the case as per this attorney's assessment.


================================================== =======

Satyam employees may or may not be able to take advantage of these provisions to get time past the end of their sixth year in H-1B status. If Satyam did sponsor the person for permanent residence, they may be able to avail themselves of the benefits of AC21 to obtain a post sixth year extension where necessary. However, this benefit may not last past the first extension of H status. It is possible that Satyam's I-140 petitions, whether pending or approved, will be denied or revoked for fraud. An essential piece of an I-140 petition is the petitioner's showing that it has the ability to pay the beneficiary's proffered wages. Satyam has admitted to accounting fraud, meaning that the I-140 petitions all necessarily relied on fraudulent documents. If Satyam employees quickly file new H-1B petitions, they may be able to do so, past the end of their sixth year, on the basis of AC21. If USCIS grants the H-1B extensions to these employees based on the underlying green card application with Satyam, the H-1B should still be valid even if, during the validity period of the extended petition, the underlying labor certification and/or I-140 petition are denied. The employee's new H-1B petitioner will then, in many cases, need to be willing to immediately begin the labor certification process all over again in order to leave time for post sixth year H-1B extensions to again become available under AC21 on the basis of the new petitioner's green card application.


The second major issue that Satyam employees will face also relates to the company's fraudulent financial documents submitted in support of I-140 petitions. In addition to providing post sixth year H-1B extensions, AC21 provides for permanent portability. That is, foreign nationals on whose behalf an I-140 petition has been approved and whose I-485 application has been pending for 180 days may change employers if the new job is in the same or a similar occupational classification. Many Satyam employees may be facially eligible to take advantage of permanent portability. However, in memoranda, USCIS has stated that an I-140 petition is no longer valid for porting purposes if the I-140 is revoked or withdrawn, except if it is withdrawn after the I-485 has been pending for 180 days.1 Under the memo, revocation for fraud is not a withdrawal; thus the I-140 would no longer be valid for permanent portability purposes. Based on the high likelihood that Satyam's I-140 petitions will all be revoked, the safest course of action for former Satyam employees would thus be to start a new green card application from scratch as soon as possible with a new employer, starting with a new PERM application.


Revocation of an approved I-140 for fraud also results in the beneficiary losing the priority date established by the petition and underlying labor certification. 8 CFR 204.5(e) allows beneficiaries of approved I-140 petitions to transfer the priority date to a later-filed I-140 petition. The Adjudicator's Field Manual, Chapter 22.2, section (d)(1), provides that a priority date thus established is only lost if the underlying I-140 petition is revoked for fraud or material misrepresentation. Again, because Satyam's financials were fraudulent, the I-140 petitions they filed are likely to be revoked, resulting in loss of the beneficiary's priority date. Satyam employees who find new U.S. employers can start the green card process afresh with a new PERM application. They may request retention of their old priority date if they previously had an I-140 petition approved with Satyam. However, if the Satyam I-140 petition is revoked prior to their receipt of a green card, the earlier priority date is likely to be lost.

================================================== ===

Last edited by NELLAIKUMAR; 02-11-2009 at 10:33 PM.
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