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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.
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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hpandey
07-11 01:59 PM
Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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Sachin_Stock
06-10 01:58 PM
You did not submit because it was ok for you. I know people who got RFE asking for employment proof.
It might be case that their case numbers were associated with firms who were sponsored initially by 'desi' consulting. Hence more rigorous checks for them. I didn't submit employment letter. I wasn't even ASKED for one. None of the questions in form asked for employer name. None of the mail-in items included employer letter either.
It might be case that their case numbers were associated with firms who were sponsored initially by 'desi' consulting. Hence more rigorous checks for them. I didn't submit employment letter. I wasn't even ASKED for one. None of the questions in form asked for employer name. None of the mail-in items included employer letter either.
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saketkapur
11-11 02:12 PM
Compete America Congratulates President-Elect Obama
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
Jaime
09-12 03:06 PM
EVERYONE, we're meeting in DC next Tuesday!!! You can STILL MAKE IT!!! WE NEED YOU THERE!!!!
more...
desi485
03-16 12:50 AM
who the hell is asking you to???!!! and anyhow, you are probably not good enough to work with me anyways.....
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
kyun, sach padh kar buraa laga??
I find it hilarious to see the so-called "highly skilled" EB3 India folks behave like ostriches.............like they don't know what the scam is!!!
i don't care about them, and i care about your comments just about as much as i care about the dirt that sticks on the soles of my shoes.
goodnite, take care, pleasant dreams!
fyi - i m not in eb3 category and I work for a fortune 100.
this fool and self proclaimed selfish idiot has no knowledge of immigration issues. He is even more frustrated and pissed off with his own inability to understand finer details. He says he doesn't care but still care enough to reply this comments at midnight:p
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whattodo21
06-16 08:43 AM
Sent it to my Senators.
However, is it possible to send it to Senators Grassley, Sanders too. I say this because these senators need to hear that we oppose this bill too and I am not sure how many of our members from IA and VT are active and are sending this message to them.
However, is it possible to send it to Senators Grassley, Sanders too. I say this because these senators need to hear that we oppose this bill too and I am not sure how many of our members from IA and VT are active and are sending this message to them.
more...
Roger Binny
10-10 01:35 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
That is the riskiest and BS advice one can give on forums, specially in these.
Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.
That is the riskiest and BS advice one can give on forums, specially in these.
Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.
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diptam
08-15 04:25 PM
Some of the recent GC and EAD achievers takes up a job at USCIS... How does this sound - Huh ??
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
more...
abcdefgh
01-17 08:17 AM
Pappu:
Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.
Can we post link to this thread some where on every page so that who ever visits IV sees this thread right away? May be in different color or in some way so that it stands out. It looks like this thread is lost among all other threads.
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PavanV
06-10 02:00 PM
If this law does pass, it will definitely will be bad for US economy, good for the world.
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REEF�
02-13 06:03 PM
How interesting is a train station? It's probably just me but I can't get any other image of a 3D model in my mind other than a train...
*punches self*
*punches self*
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Sammo
02-21 05:04 PM
every package except LW has a free trial.
Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...
Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...
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wc_user
10-13 12:13 PM
Hi,
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
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07-03 03:58 PM
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wc_user
10-13 12:13 PM
Hi,
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
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paskal
07-09 06:40 PM
there is still the last quarter's quota
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
which is 100 - (27% X 3) = 19%
this 19% cannot be issued in July either- not more than 10% a mnth
there is no question they ignored this
i'm curious to know what reason they will use to justify it.
especially if it's a deposition under oath.
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
WillIWin?
07-24 12:24 PM
This is my law firm. Seems like they have submitted many applications (140 + 485 concurrently) WITHOUT the employment offer letter.
Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:
- Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.
- If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.
Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:
- Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.
- If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.
deepakjain
08-11 11:41 AM
It's out now EB2 I and C are 08JAN05.
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
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