mnq1979
09-21 07:38 AM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
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chunky
07-27 08:49 AM
Can we leave country and apply for H4 visa at US embassy.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
whitecollarslave
03-06 02:41 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
Which bill? Passed where? More info please.
Which bill? Passed where? More info please.
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franklin
06-01 07:21 PM
Just in case not all new members are Indian, I suggest this poll which covers ALL nationalities
more...
GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
vallabhu
08-15 01:18 PM
My application was sent to NSC on July 2nd signed by J.Barret at 10.25 AM but have I140 pending in TSC , My checks are not cashed yet.
Probably they forwarded my application to TSC.
Any one else in the same boat.
Probably they forwarded my application to TSC.
Any one else in the same boat.
more...
sash
06-20 04:05 PM
What is the ETA to get the receipt if you file in July 2007?
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RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
more...
kondur_007
05-12 08:14 PM
CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..
EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days
There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.
To add to the woes we have following, which add to the problem, but are not the primary problem.
Labor substitution
EB3-EB2 jumps
Very old name-check cases
Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.
Right on point. To your list, you can add EB1-C cases.
At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...
EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days
There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.
To add to the woes we have following, which add to the problem, but are not the primary problem.
Labor substitution
EB3-EB2 jumps
Very old name-check cases
Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.
Right on point. To your list, you can add EB1-C cases.
At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...
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Munna Bhai
02-08 11:32 AM
Hello,
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
more...
Milind123
07-26 12:02 PM
USCIS - Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status (12/03/09 N version) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
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jonty_11
03-26 04:53 PM
I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!
I have to disagree...in this case its the Destination!!!
more...
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gsc999
01-18 02:09 PM
waiting, just sent you a pm with details.
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
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bigboy007
10-11 01:31 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Did USCIS sent you any notice that your 485 is not valid ?
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Did USCIS sent you any notice that your 485 is not valid ?
more...
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dealsnet
03-28 10:39 AM
Doesn't matter.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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contact
04-27 10:14 AM
whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.
more...
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rameshk75
08-04 01:37 PM
Please refer to the detailed note on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Good info..
http://immigrationvoice.org/forum/showthread.php?t=20610
Good info..
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nareshdin
04-08 02:52 PM
Hi,
Have you hear anything from USCIS after you sent your FedEx reciepts?
I am also in the similar kind of situation.
I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
later my employer sent the required documents asked by USCIS.
On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
and yet to know the reason for Denial.
My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.
Thanks..
Have you hear anything from USCIS after you sent your FedEx reciepts?
I am also in the similar kind of situation.
I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
later my employer sent the required documents asked by USCIS.
On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
and yet to know the reason for Denial.
My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.
Thanks..
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joydiptac
03-17 02:31 PM
I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.
So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.
B'Informed... B'Entertained...B'Khush
www.bkhush.com
Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.
So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.
B'Informed... B'Entertained...B'Khush
www.bkhush.com
cleopatra
02-17 08:36 AM
Story 2
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?
So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.
When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.
Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.
So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.
So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.
It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
Which of the above stories do you want to be in?
Be active. Participate.
Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.
"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.
I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.
After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.
There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.
At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.
But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.
But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?
So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.
When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.
Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.
So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.
So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.
It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.
So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."
Which of the above stories do you want to be in?
Be active. Participate.
pom
09-04 08:52 AM
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