Wednesday, June 22, 2011

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  • alterego
    07-14 09:37 PM
    The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.

    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • tooclose
    07-13 07:14 AM
    What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.

    "Only applicants who have a priority date earlier than the cut-off date may be allotted a number."

    So the date that you see in the table is NOT eligible for visa numbers.

    Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

    Congrats to all to have received it and good luck to those who have become current !





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  • permfiling
    11-27 07:37 PM
    You can add additional white paper sheet and mention the section number and details.





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  • f1vlad
    01-19 11:23 PM
    Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.

    I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.

    Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.

    I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.

    This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.



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  • ajthakur
    07-15 02:30 PM
    I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
    I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
    I plan to speak with a competent attorney once I know for sure the 140 revocation history.
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?





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  • Dakota Newfie
    07-03 12:20 PM
    As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!

    That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.



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  • coopheal
    03-20 08:43 AM
    I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.

    Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over its same mentality which opposes EB reforms. Grow up��

    Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.





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  • uma001
    03-21 12:21 PM
    I still dont see labor approvals after March1. I dont know where you r looking at,, Can you tell me which page your looking at?



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  • feedfront
    09-20 01:45 PM
    No, I've not heard anything from attorney's office.





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  • bfadlia
    05-27 05:57 PM
    I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.

    And color photos of expiring EAD when renewing that too
    still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores



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  • DDD
    03-14 07:03 PM
    well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.





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  • vin13
    11-13 09:29 AM
    If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.

    If 100s' of us try and 1 succeeds, we all succeed.



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  • Jaime
    09-10 03:53 PM
    By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....

    Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!





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  • paskal
    01-27 01:54 PM
    alisa

    i hope that country caps are removed
    i also hope it's not at your expense :-)
    i don't see why people think these things are mutually exclusive
    we all want the best to happen- for ourselves- and as much as we can help it
    for everyone else too!!
    great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
    i do suggest that the final summary should show 3 examples

    China EB2 and EB3
    India EB2 and EB3
    ROW EB3

    this way everyone affected sees something about themselves



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  • LONGGCQUE
    06-10 03:59 PM
    Just sent it Nebraska Senators





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  • coopheal
    03-20 08:43 AM
    I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.

    Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over its same mentality which opposes EB reforms. Grow up��

    Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.



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  • onemorecame
    10-22 10:21 AM
    Can you please post your timeline here?

    RFE : Sep 10 2010,
    RFE Received : Oct 01 2010
    RFE Repelied : Oct 07 2010
    Case approved : Oct 20 2010

    Hope this will help





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  • uma001
    03-21 01:26 PM
    I replied to your message. Pls check it.





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  • sugaur
    08-21 11:01 PM
    Have the chubby guy u take care of contact the local congressman/senator/newspaper and tell them a sob story about how no one will take care of him except you and maybe you will get lucky.
    One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D





    Jaime
    09-10 04:00 PM
    Look forward to meeting you in DC!!!!!





    johnamit
    07-20 02:31 PM
    almost 3 weeks are over since my application reached (NSC OR TSC ??) and haven't heard anything yet.



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