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gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
tinamatthew
07-24 01:02 PM
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
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kaella
07-13 10:03 AM
I think it was referenced some where else in this thread , anyways here you go
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
more...
Openarms
08-13 02:27 PM
Please follow this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
dealsnet
03-19 10:07 AM
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
more...
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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psk79
07-18 08:37 AM
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.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
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.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
more...
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.
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jnraajan
03-17 05:00 PM
From the poll results for EB3 priority Dates, I think, I learned something. People waiting for Green Card Pre-PERM are way more than people Waiting POST-PERM. This is an approximate comparision(before Dec 2004 and after Dec 2004, though PERM started in Apr 2005.)
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.
What do you all say?
more...
ajju
02-20 03:51 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...
Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...
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jamesbond007
09-10 11:12 AM
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
I concur.
This is one way to get an additional post by saying simple things like "i agree" etc. But how to get green dots?
50 posts and 30 green dots to access the chat feature? WOW.
It is ridiculous to restrict access just because some one does not agree with what one is posting and instead of debating it, they give a red dot.
This smells of EB1, EB2, EB3 etc?
When IV is asking everyone's participation, trying to increase the visibility, trying to improve the numbers, why this exclusionary practice?
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
I concur.
This is one way to get an additional post by saying simple things like "i agree" etc. But how to get green dots?
50 posts and 30 green dots to access the chat feature? WOW.
It is ridiculous to restrict access just because some one does not agree with what one is posting and instead of debating it, they give a red dot.
This smells of EB1, EB2, EB3 etc?
When IV is asking everyone's participation, trying to increase the visibility, trying to improve the numbers, why this exclusionary practice?
more...
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onemorecame
10-18 12:15 PM
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
I got soft LUD on Oct 12.... nothing after that :confused:
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dealsnet
08-21 11:14 PM
Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
more...
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mallu
02-15 04:25 PM
What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
Anything published ? Just curiosity ( not questioning any current laws )..
Anything published ? Just curiosity ( not questioning any current laws )..
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GCDream
02-09 04:23 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
more...
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makemygc
03-18 07:37 PM
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
Wow...I didn't realize this thread is opened until today. I can second you on Deloitte. I joined Deloitte & Touche several years back and left the company in 3 months. HR promissed me to file my GC as soon as I join them but started giving excuses once I joined. Later on they told me that they will file after 1 year and that too dependent on my performance....I decide to part my ways with liars and joined a different company and now after several years I'm glad that I made that decision...today I'm in a much better position in a much better company. Thought mine may be the only case but looking at this thread makes me feel I was not all alone.
Not only this, they pay you different if you are an H1 holder as compared to others. I found this when I joined and found someone junior to me getting paid more than I was.
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
Wow...I didn't realize this thread is opened until today. I can second you on Deloitte. I joined Deloitte & Touche several years back and left the company in 3 months. HR promissed me to file my GC as soon as I join them but started giving excuses once I joined. Later on they told me that they will file after 1 year and that too dependent on my performance....I decide to part my ways with liars and joined a different company and now after several years I'm glad that I made that decision...today I'm in a much better position in a much better company. Thought mine may be the only case but looking at this thread makes me feel I was not all alone.
Not only this, they pay you different if you are an H1 holder as compared to others. I found this when I joined and found someone junior to me getting paid more than I was.
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quizzer
08-15 03:59 PM
Sep visa bulletin better than expected for EB2
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Sakthisagar
08-11 02:23 PM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
The Path of joy is not that.. Path of Joy is meditation, not this mundane eb1 eb2, this is the problem when the brain is completely with the modern day theories. when you open you bottle in the evening and when you whistle and flirt with girls, there you go you are at the path of pleasure. understand the things first in correct sense. dont speak senseless.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
The Path of joy is not that.. Path of Joy is meditation, not this mundane eb1 eb2, this is the problem when the brain is completely with the modern day theories. when you open you bottle in the evening and when you whistle and flirt with girls, there you go you are at the path of pleasure. understand the things first in correct sense. dont speak senseless.
kopguy
10-20 03:15 PM
Obama is leading in polls over Maccain by almost ten points. Unless Obama makes some stupid mistake his lead will only increase. We got to come up with a strategy assuming Obama becomes president.
PERM12
08-11 11:42 AM
All,
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
count me in.... but we should also include not just this but also Flexibility of all and any one who is on H1 and H4. immeterial of they in EB2 or EB3. All one is required is Flexibility ...
Flexibility to leave the current job and go join a college without worrying about status
Flexibility to take a vacation for a month to visit places and friends without worrying about nex project
Flexibility to change employers and get a better position and offer
Flexibility to work in position you deserve..rather than rot in the same job profile b'cos your GC process is pending
Flexibility to invent and develop ideas and work on itself rathar than work for some company which undermines, underpays those ideas and inventions
most of us might reply it only happens when you are Green'd but that is not what i am expecting...this is for all those who are going through it and who will be going through it in future.
Lets also work for drastic change in the employment based work permits.
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