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Also is it possible that 140 was revoked by my previous employer?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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ezee
10-16 04:37 PM
Don't you think we should be more clear in requesting information per specific country instead of lumping China and India together for EB-2 and others for EB-3? Also will it be too much to request pending applications by month/quarter instead of year?
We probably want the report in this format? This is just a suggestion.
|[indent]|EB2 - China |EB-2 India |EB-3 China |EB-3 India |EB-3 Mexico |EB-3 Phillipines |EB-3 Rest|
2001-Q1
2001-Q2
2001-Q3
2001-Q4
2002-Q1
2002-Q2
2002-Q3
2002-Q4
2003-Q1
2003-Q2
2003-Q3
2003-Q4
2004-Q1
2004-Q2
2004-Q3
2004-Q4
2005-Q1
2005-Q2
2005-Q3
2005-Q4
2006-Q1
2006-Q2
2006-Q3
2006-Q4
2007-Q1
2007-Q2
2007-Q3
2007-Q4
2008-Q1
2008-Q2
2008-Q3
2008-Q4
We probably want the report in this format? This is just a suggestion.
|[indent]|EB2 - China |EB-2 India |EB-3 China |EB-3 India |EB-3 Mexico |EB-3 Phillipines |EB-3 Rest|
2001-Q1
2001-Q2
2001-Q3
2001-Q4
2002-Q1
2002-Q2
2002-Q3
2002-Q4
2003-Q1
2003-Q2
2003-Q3
2003-Q4
2004-Q1
2004-Q2
2004-Q3
2004-Q4
2005-Q1
2005-Q2
2005-Q3
2005-Q4
2006-Q1
2006-Q2
2006-Q3
2006-Q4
2007-Q1
2007-Q2
2007-Q3
2007-Q4
2008-Q1
2008-Q2
2008-Q3
2008-Q4
logiclife
04-20 02:22 PM
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
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lahiribaba
02-03 12:28 PM
Mirage - I totally support you man. You got to do what your heart feels like ... If you get too tired of waiting and living this CHAINNNNED life and you want to meet Mr President to let him know how you feel - man by all means you got to do it.. Remember the flutter of a butterfly wings in Jailsalmer starts a tornado in florida... there are numerous occassions when one single man's stand changed the entire nation .. I totally support you . If the good old USA is still a FREE COUNTRY then there is no reason why you should not go ahead...
As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.
As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.
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pappu
01-10 11:59 PM
Thank you again perm2gc for helping with this effort.
pmb76
07-14 12:14 AM
I think the typo is INTENTIONAL and was meant to get your attention to this thread. I thought it was some congressman/congresswoman with last name Murphy who wrote to Chertoff. Otherwise I wouldn't come and comment on this news. Do you think Chertoff cares about Murthy's letter ?
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pitha
02-21 03:34 PM
It is such irresponsible advise that has made EB2 India unavailable. The EB2 or eb3 should be decided based on the job requirements and not to fulfill your personal needs so that you can jump from eb3 to eb2. have you heard the adage "One rotten apple spoils the whole barrel". it is basically because of people like you the whole EB system is tainted and viewed as filled with corrupt people who will bend rules to suit there needs. Forget eb2 go for eb1 but only if your job really is in EB1 and not to cheat the system. You may get away with it but the end result is DOL and USCIS will make it stringent to get eb2 or eb1.
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
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pappu
06-14 08:50 AM
/\/\/\
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peer123
07-13 09:20 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
I agree with you,... Lets accept it. Nothing is FREE in this world...
There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.
we should be able to combine all forces and go at it....
I agree with you,... Lets accept it. Nothing is FREE in this world...
There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.
we should be able to combine all forces and go at it....
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BharatPremi
03-07 09:23 AM
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
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gc03
07-24 09:02 AM
I totally agree with you. Excellent point.
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akshaya10001
07-13 03:19 PM
Few points to add......
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
more...
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raydon
12-13 11:33 AM
Don't know whether to rely on the dates in the visa bulletin. My colleague who is EB3 China with a PD of 2004 got his I-485 approved recently. The dates on the visa bulletin show EB3 China to be June 2002. Wonder of wonders, that is the USCIS.
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
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dagabaaj
02-12 04:23 PM
http://caffertyfile.blogs.cnn.com/2009/02/12/change-immigration-policy-in-light-of-job-losses/
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sunty
11-11 12:33 PM
In addition to sending the letter, we may try this avenue as well (look at the page bottom)
How to Contact Us (http://travel.state.gov/about/info/info_308.html)
"For immigrant visa inquiries, call the National Visa Center at 603-334-0700 or
email: NVCINQUIRY@state.gov"
Any idea if these is the correct number to call ?
Maybe inundating them with calls might help us reach Mr. Charles Oppenheim office and get some explaination about the visa allocation process.
I tried calling, but today is a Federal Holiday. Will try again tomorrow.
How to Contact Us (http://travel.state.gov/about/info/info_308.html)
"For immigrant visa inquiries, call the National Visa Center at 603-334-0700 or
email: NVCINQUIRY@state.gov"
Any idea if these is the correct number to call ?
Maybe inundating them with calls might help us reach Mr. Charles Oppenheim office and get some explaination about the visa allocation process.
I tried calling, but today is a Federal Holiday. Will try again tomorrow.
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MahaBharatGC
09-21 02:14 PM
Count me in.
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
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GCwaitforever
12-27 02:08 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
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anilvt
10-12 02:09 PM
Can we do same for EB2 too ...quite helpfull for EB2 stats too
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ashkam
07-24 11:17 AM
I'm not sure what the controversy is : The I-485 application instructions clearly say (http://www.uscis.gov/files/form/i-485instr.pdf) that for an employment-based (I-140 based) AOS application, you have to provide the employment offer letter as initial evidence.
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
sameer2730
03-12 11:23 AM
First of all I don't know who sachbole is ?
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
shreekarthik
08-02 02:01 PM
you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"
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