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  • glus
    07-28 09:31 AM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.

    Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.





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  • hara_patta_for_rico
    07-09 07:28 PM
    1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
    2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).





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  • ItIsNotFunny
    03-17 11:19 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007

    If your PD is Sep 2002, why did you file in July instead of filing in Jun?





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  • smuggymba
    07-29 08:31 AM
    A sure invitation for defamation suit. Good luck.

    This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.



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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?





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  • HereIComeGC
    04-24 08:52 AM
    Congratulations Googler! Keep in touch with your words of wisdom!



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  • RNGC
    09-19 04:36 PM
    Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.


    I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....

    but I am just curious to know why there was very little TV coverage for this event.....





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  • logiclife
    12-20 08:31 PM
    On a second thought, If I interpret it correctly...

    the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.


    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:

    yes, but that happened prior to your last admission in USA and prior to your filing of 485.

    Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.

    Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.

    Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.



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  • xyzgc
    12-10 08:22 PM
    even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D

    I've a time machine. you want it?:D Its gonna cost you man:p





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  • gimme_GC2006
    05-12 03:14 PM
    Online MBA from University of Maryland University College matches the criteria you mentioned (to a larger extent). Also you can have MBA degree in 2 yrs. The course work is demanding and one would need TOEFL if not educated in US or few other countries. GMAT is not required.

    Thanks ss777, I will checkout..do you how it is ranked?



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  • zerozerozeven
    03-09 12:17 PM
    let the waiting start for the May bulletin....





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  • wizkid732
    07-29 01:44 PM
    you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.

    An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.

    Are you suggesting that in their offer letter they should imagine all the possible scenarios.
    Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.

    I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)


    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????



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  • greyhair
    02-11 12:40 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.





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  • psaxena
    05-26 07:10 PM
    I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.


    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.



    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

    I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.

    I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
    Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
    "I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..

    I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
    Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
    Well I am gonna get more reds.. but I dun care.



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  • vicky007
    04-26 02:59 PM
    Here is a link confirming the above:

    http://www.dhs.gov/dhspublic/display?content=5551

    The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.

    Regards.





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  • IfYouSeekAmy
    08-21 03:54 PM
    I am truly sorry for your situation and applogize for the lousy way people in this forum are treating you. It seems you have done everything honestly and legally. From your story I do not see any wrong intentions or trying to stay here illegally. If that was the case I don't see why you filed the pettion anyway so looks like you have done the right thing. I wish I could help. The only advise I could give you is to see if you can get an extension on the 30 day period. I do not know if that is possible but I sincerely hope that things will work out for you!

    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.



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  • willIWill
    11-11 06:01 PM
    Questions about Quarterly Spill Over with respect to Yearly Country Limit.

    Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?

    - Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit

    - So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.

    Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.

    Thanks.





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  • walking_dude
    10-30 06:38 PM
    Thanks for sending the FOIA letter. I don't get the not able to vote part! Every logged in IV member should be able to vote. Where you logged in?

    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.





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  • franklin
    07-02 11:16 PM
    I strongly believe that the little funds that IV receives should be used for more productive means than spending even more money on a website.

    Maintaining a website that multiple people go to isn't going to get us very far at all, other than answering the same question multiple times. Using that money to pay for a lobbying firm, or trips to DC, or media coverage is way more productive and is far more likely to get actual results.





    rajeshalex
    07-01 08:19 PM
    I strongly support this idea. And may be we can become petition with max number of persons signing this/ set record. That way it might get more popularity





    paskal
    07-16 06:18 PM
    only the media can do this for us
    they like exposes' don't they?
    now how can we get them interested
    would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?



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