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abracadabra102
07-14 05:18 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Also is it possible that 140 was revoked by my previous employer?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?
Consult immigration attorney immediately (Murthy, Khanna etc).
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Also is it possible that 140 was revoked by my previous employer?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?
Consult immigration attorney immediately (Murthy, Khanna etc).
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Legal
07-04 09:10 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
apt29
12-23 04:14 PM
Lawsuit on Visa Bulletin, Adjustment of Status | Legal Action Center (http://www.legalactioncenter.org/litigation/lawsuit-visa-bulletin-adjustment-status)
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smuggymba
06-11 08:57 AM
sent to TX senators.
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desi3933
02-03 01:02 PM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
walker15
09-10 03:28 PM
Still HR5882 not yet tabled, please stay tuned I will update whatever is happening.
Still they are discussing HR6020(Illegal Alien left over at Iraq while on duty :)) and it looks like this will drag a bit. So Rep. Zoe Lofgren is fighting for that family.
Hope there will be sufficient time to discuss HR5882.
Still they are discussing HR6020(Illegal Alien left over at Iraq while on duty :)) and it looks like this will drag a bit. So Rep. Zoe Lofgren is fighting for that family.
Hope there will be sufficient time to discuss HR5882.
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imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
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GC_SUCK
08-15 11:03 PM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
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gauravster
11-11 12:02 PM
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
That way we do not get pushed around.
Good work.
Gaurav
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senthil1
12-22 11:14 AM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
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pappu
07-05 02:23 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
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alex99
07-11 01:50 PM
Request More Eb3 Guys To Participate......
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Please....
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desi3933
01-30 03:04 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Winner
06-10 05:03 PM
Did my part.
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seeker999
08-11 08:09 AM
I am in...
What next ?
What next ?
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Pineapple
11-12 09:19 AM
Got my receipt letter from USCIS. The FOIA request has been put on the complex track.
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
more...
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eeezzz
02-15 03:08 PM
Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
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Macaca
06-11 02:46 PM
By having the GC, you are not an American.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
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GCNeophyte
08-13 10:41 AM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
Yes , we are... Look who is rolling eyes :rolleyes::rolleyes::rolleyes: @ your facebook profile.
Yes , we are... Look who is rolling eyes :rolleyes::rolleyes::rolleyes: @ your facebook profile.
frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
rockstart
03-10 11:07 AM
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
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