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Also is it possible that 140 was revoked by my previous employer?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..
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nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
bpratap
02-11 07:35 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
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logiclife
12-20 07:14 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
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willwin
03-19 01:36 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
Any chance of EB2 India moving forward to April 05 by October 2008??
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
Any chance of EB2 India moving forward to April 05 by October 2008??
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
sweet23guyin
10-16 10:49 AM
||
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unseenguy
02-13 09:53 PM
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
Well with unemployment rate fast approaching 10%, you may want to make your percentage more like 85 or 80%, counting SS benefit, medicare
.
Well with unemployment rate fast approaching 10%, you may want to make your percentage more like 85 or 80%, counting SS benefit, medicare
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ramus
07-02 05:09 PM
Please Contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44).
Guys we need to start new fund drive to help core members with fund for advocacy efforts. I know every active member is working hard right now on at least one action item. Lets contribute and help IV with fund.
Lets start with target of $5000 by 10 p.m.
Lets see if we meet it.. We have more 2000 members online right now.
Thanks in advance for all you can do..
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44). We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Guys we need to start new fund drive to help core members with fund for advocacy efforts. I know every active member is working hard right now on at least one action item. Lets contribute and help IV with fund.
Lets start with target of $5000 by 10 p.m.
Lets see if we meet it.. We have more 2000 members online right now.
Thanks in advance for all you can do..
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44). We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
more...
psaxena
11-19 11:09 AM
Are you the one who created the slogan, move ahead we are behind you... !! (and will always be behind without giving any support)
Why don't you file the lawsuit, why do you look up to someone to do what you want??
Just want get everything in the world without doing anything and that too FREE??
Step up and do something rather than just pushing everyone around.
There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
Why don't you file the lawsuit, why do you look up to someone to do what you want??
Just want get everything in the world without doing anything and that too FREE??
Step up and do something rather than just pushing everyone around.
There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
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perm2gc
01-02 05:58 PM
Posted about IV on www.denverindians.com
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
Thanks jonty_11
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
Thanks jonty_11
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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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pd052009
03-17 08:14 AM
^^^^^
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abhijitp
07-25 01:27 AM
Your lawyers are not adding the employment letter because they are working in the ineterst of your HR department and not in your interest. Your HR thinks that after 180 days you will leave the job. So in order to retain you, they are filing incomplete application to invoke an RFE or rejection and keep things iin their control. Hope you are smart enough to see the games people are playing with your greencard application.
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
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ronhira
04-09 07:02 PM
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
more...
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EB3_SEP04
05-26 06:15 PM
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
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gc_lover
07-18 08:00 AM
Hi Guys,
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
more...
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mihird
07-09 10:37 PM
I think, we should all follow this lawsuit closely...if it gets accepted for trial in Illinois, I am seriously considering filing one myself in California...on similar grounds..
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
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browncow
05-26 11:26 PM
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
Cos, if you are not a US citizen, the burden lies on you to prove your legal status.
This is the reason why US is losing out on tourism in a huge way.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
Cos, if you are not a US citizen, the burden lies on you to prove your legal status.
This is the reason why US is losing out on tourism in a huge way.
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virtual44
07-05 03:45 PM
Nothing comes for free, you have to work and contribute. It is a collective effort and we all should share financial, and other responsibilities to acheive our common goals.
We can achieve them sooner by contributing as little as 20 dollars and encouraging the core group, volunteers and allowing them to concentrate on goals of the organization and not worry about how they will pay for the lobbying and law firms at the end of the every month.
We can achieve them sooner by contributing as little as 20 dollars and encouraging the core group, volunteers and allowing them to concentrate on goals of the organization and not worry about how they will pay for the lobbying and law firms at the end of the every month.
sanz
03-11 11:38 PM
is it really out
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
this doesnt tell that yet
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
this doesnt tell that yet
meridiani.planum
03-13 11:51 AM
Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.