iptel
12-11 02:59 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
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karthkc
07-14 06:27 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
kumar1
12-15 11:01 AM
gcisadawg,
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.
Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".
I can go on and on.....
I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.
Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".
I can go on and on.....
I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
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mrdelhiite
07-23 03:47 PM
485 is not for employer, its for employee. AOS.
If you don't submit, they'll ask you as RFE.
Please do not scare anybody with half knowledge.
All you can say politely is there might be a chance instead of rejected.
Have some dignity.
""Have some dignity."" ??? just read the replies below your reply.
If you don't submit, they'll ask you as RFE.
Please do not scare anybody with half knowledge.
All you can say politely is there might be a chance instead of rejected.
Have some dignity.
""Have some dignity."" ??? just read the replies below your reply.
more...
Abhinaym
02-19 12:02 PM
How exactly are illegals going to prove that they have been here for more than 5 years?
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
vandanaverdia
09-11 03:20 PM
Don't you wanna be a part of history???? What is stopping you???
Come to DC & lets be heard!!!
Come to DC & lets be heard!!!
more...
bestia
01-19 03:54 PM
Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
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belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
more...
desierto
08-07 08:03 PM
Dear All,
My whole family is applying for I-485 and advance parole based on my I-140. Who has to sign my children I-131 (part 8-9).
Thank you in advance,
Desierto
My whole family is applying for I-485 and advance parole based on my I-140. Who has to sign my children I-131 (part 8-9).
Thank you in advance,
Desierto
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vin13
03-03 12:02 PM
We have been successful in arranging tickets for a couple of individuals.
Thanks for the donors of air tickets and air miles. We can still use some more air miles if some one has closer to 20K-25K air miles.
Please PM me if anyone wishes to donate air miles.
Thanks
Thanks for the donors of air tickets and air miles. We can still use some more air miles if some one has closer to 20K-25K air miles.
Please PM me if anyone wishes to donate air miles.
Thanks
more...
Bpositive
02-13 07:31 PM
More unfriendliness towards legal immigration + H1bs = more outsourcing by firms who can't find talent in US + lesser revenues from education + lesser number of top notch talent coming to the US + lesser number of innovative companies coming to US + less stronger relationships with growth economies
Bad, bad equation for US. If I were a US citizen who really cared for the long term success of the country, I would be really scared
Bad, bad equation for US. If I were a US citizen who really cared for the long term success of the country, I would be really scared
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Keeme
10-20 06:07 PM
["We're continuing to have conversations with members of Congress, and we're open to ideas that they would put forward ... that would stimulate the economy and help us pull out of this downturn faster," White House press secretary Dana Perino said around noon Monday, shortly after Bernanke endorsed the need for a fresh and "significant" round of government action.]
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
more...
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rajuseattle
07-14 07:48 PM
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
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bobzibub
07-17 10:34 AM
NUMBERS USA TAX SERVICES!!!!!!
On an H1b? THEN PAY NO TAX!!!! WOOHOO!!!!!!!
All their "research" is suspect, this is just the most obvious. I did start building spreadsheets to regress employment/unemployment numbers with each immigration law they cite. There was no significant correlation. I should really do that again and post it somewhere.... Gotta get some better regression software though. Work like this will point out that the king has no clothes.
I'm ashamed to be a member of numbersUSA!!! :D
Cheers,
-b
On an H1b? THEN PAY NO TAX!!!! WOOHOO!!!!!!!
All their "research" is suspect, this is just the most obvious. I did start building spreadsheets to regress employment/unemployment numbers with each immigration law they cite. There was no significant correlation. I should really do that again and post it somewhere.... Gotta get some better regression software though. Work like this will point out that the king has no clothes.
I'm ashamed to be a member of numbersUSA!!! :D
Cheers,
-b
more...
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srkamath
07-13 12:30 PM
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
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sundevil
06-12 02:58 PM
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
more...
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sheela
07-13 08:53 AM
Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
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illusions
03-18 10:32 AM
Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.
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pappu
07-02 10:36 PM
We need to run a media drive from tomorrow with full speed so that we can communicate this absurd action by DOS and USCIS.
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.
This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.
IV release
http://immigrationvoice.blogspot.com/
vik352
07-01 11:35 PM
I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.
If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.
If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.
feedfront
09-21 12:52 PM
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
May be approval is few hours away for you.
May be approval is few hours away for you.
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