sprash
01-30 02:35 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.
I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).
Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.
I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).
Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....
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abhijitp
07-24 12:51 PM
It doesn't say that anywhere in the link. The 485 filing instructions clearly state what the initial evidence is.
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, OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, 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?
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, OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, 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?
485InDreams
09-26 10:19 AM
Thanks all and to the blogger who found this.... This thread make me believe...
Revolution - People of common interest meet...
Collusion - People of different interest meet
Revolution - People of common interest meet...
Collusion - People of different interest meet
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gcisadawg
01-16 06:58 PM
See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
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Jaime
09-12 11:39 PM
Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!
TexDBoy
09-10 03:30 PM
ya ... at least one issue will be closed by them ... hopefully they discuss our bill today ...
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pappu
01-02 08:13 PM
I have posted about immigrationvoice.org in following yahoo groups
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
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ajju
01-18 06:30 PM
Are you not authorized to work until new EAD or copy of EAD will suffice... I know everything else is easy to replace.... but USCIS documents takes months...
Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...
Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...
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green_card
07-05 12:56 AM
if there is enough of a stink made over this, the law could be changed to get back the 'lost' numbers.... laws are there to cater to needs of the situation at hand anc can be changed. IV, AILA and the ombudsman are doing a great job in helping bring about a change in the law. even if congress decides to allow reclaiming of the numbers lost since 1992, there could be an end to this problem for the forseeable future until SKIL or another version of "the grand bargain" comes to the table.
I applied for 140/485 concurrently in August 2004 before IV existed. I can tell you first hand that IV has made a HUGE difference. Our voice is being heard above the din of mostly bigoted and ignorant comments by right wing radicals and liberals that only care about illegals/unskilled workers.
I am sick of the narrow minded comments of a lot of people that post here that only care about their particular scenario and dont take the bigger picture into account. We are all in this together and we will succeed only as a combined front and not as bickering individuals.
All the IV core members, thanks for everything
I applied for 140/485 concurrently in August 2004 before IV existed. I can tell you first hand that IV has made a HUGE difference. Our voice is being heard above the din of mostly bigoted and ignorant comments by right wing radicals and liberals that only care about illegals/unskilled workers.
I am sick of the narrow minded comments of a lot of people that post here that only care about their particular scenario and dont take the bigger picture into account. We are all in this together and we will succeed only as a combined front and not as bickering individuals.
All the IV core members, thanks for everything
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kishdam
03-14 10:15 AM
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
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same_old_guy
03-19 05:13 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
Can EB2 move to March 06?
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
Can EB2 move to March 06?
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uma001
07-29 01:50 PM
I think you are talking out of frustration. Take your emotion out and think rationally. Why it takes 3-4 years for you to understand they are not going to start the GC process. Once its evident in 1-2 years they are giving all damn excesses...don�t you need to start looking for other opportunity. They might be ethically wrong but its not illegal. Again you are just venting your frustration.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
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IfYouSeekAmy
08-21 03:54 PM
I am truly sorry for your situation and applogize for the lousy way people in this forum are treating you. It seems you have done everything honestly and legally. From your story I do not see any wrong intentions or trying to stay here illegally. If that was the case I don't see why you filed the pettion anyway so looks like you have done the right thing. I wish I could help. The only advise I could give you is to see if you can get an extension on the 30 day period. I do not know if that is possible but I sincerely hope that things will work out for you!
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
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raajpagare
02-19 07:54 PM
are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.
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gc_kaavaali
12-21 08:12 PM
Please somebody answer my question...
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
dresses Quotes Wallpapers(262/280 )
kumar1
11-10 11:40 PM
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
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memyselfandus
09-18 11:40 PM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
This is my from of contribution.
1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
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Imigrait
07-11 05:28 PM
Can you provide the source of this info? a link or something?
Here's your link
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Look at Section E. I have also pasted the text below.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
Here's your link
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Look at Section E. I have also pasted the text below.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
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coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
pcs
08-03 01:39 PM
This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05
DO NOT CONTACT HIM
I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
DO NOT CONTACT HIM
I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
apb
08-16 01:04 PM
Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.
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