GreenCard4US
08-21 11:43 AM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
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chris
10-18 08:22 AM
Hi Kitiara,
Ive had a look at your animation, and Ive got the size down roughly another 2k.
What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.
What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:
Ive had a look at your animation, and Ive got the size down roughly another 2k.
What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.
What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:
HRPRO
02-23 10:26 AM
Depends Jax
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
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morchu
05-12 07:17 PM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
more...
pappu
05-31 08:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
mps
05-28 10:26 AM
Hi,
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
more...
raoece
07-06 05:10 PM
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
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dealsnet
12-05 04:43 PM
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
more...
bo12b
11-26 03:46 PM
Bumping this one more time. I am sure some of you have explored this possibility. Please respond.
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
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jscris
July 18th, 2004, 12:10 PM
... :p
I think I already have for birds. ;)
I think I already have for birds. ;)
more...
Rajwaitingon140
10-02 05:20 PM
MYGCBY
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
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sam_hoosier
02-06 04:22 PM
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...
You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.
But both H1 & H4 visa holders would need new approvals (I-797s).
You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.
But both H1 & H4 visa holders would need new approvals (I-797s).
more...
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GCOP
09-24 10:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
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anilsal
10-24 01:26 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
more...
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binadh
07-05 10:20 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
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wellwishergc
04-05 08:01 AM
Thank you for starting this thread.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
more...
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MYGCBY2010
10-02 05:17 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
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Legal
07-11 04:58 PM
Alabaman,
It looks like you want to enjoy the freedom of expression
of the country that you are trying to immigrate.
Some stuck "moderators" may not like making fun of
Representatives on this "public forum"
regards,:rolleyes:
It looks like you want to enjoy the freedom of expression
of the country that you are trying to immigrate.
Some stuck "moderators" may not like making fun of
Representatives on this "public forum"
regards,:rolleyes:
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same_old_guy
04-13 05:43 PM
If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?
glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
abdulazeez77
08-11 11:23 AM
Thank you so much. Really appreciate the help.
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