Wednesday, June 8, 2011

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  • Prashanthi
    08-21 01:54 PM
    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 2007 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 April 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? What might have triggered this RFW? 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.
    __________________


    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.





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  • Uploaded on May 8, 2009 | Map



  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.





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  • greenguru
    03-28 06:54 PM
    Talk to a lawyer and get it done.

    Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.

    Good luck. Yours will be approved soon.

    tks,





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  • Alabaman
    10-30 09:04 PM
    that settles it. Receiving Unemployment benefits is okay on AOS.

    but the states wont pay you anyways... they will say you are not a PR. So Unfair.



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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa





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  • here4gc
    07-11 04:39 PM
    guys, i had a petition going a few months back..where i was literelly begging people to sign - for I140 problems..and got about 100+ only...now I am hearing from people that tehy have 140 problems...many told me..oh..i don want to support u because my PD is 2005/2006 and i will get 140 b4 my PD is current..strange are the ways of the USCIS..but if we had gathered together as a group and sent 1000 signatures and generated 1000 phone calls to follow up...we wud be in a better shape...



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  • GCOP
    09-22 03:41 PM
    Junky and ItIsNotFunny, I gave you Green for motivating the members to call. Good job.
    I called Congressmen/women on the List today and also had called them earlier.





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  • gc4me
    04-07 03:58 PM
    I was in the same situation. Got my I-140 through FOIA, my I-824 got rejected (applied both whichever comes first). Check the bellow thread that I created and posted my experience.

    http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks



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  • rpulipati
    09-08 01:03 PM
    internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.

    JazzByTheBay, Thanks for your response.

    I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.

    Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.

    Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.

    As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.

    The clear answer is:
    We are doing this rally to get greencards.
    Do you want to get it or not?
    If yes, then come.
    If no, then go back to where you came from.





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  • The Tegucigalpa Honduras



  • rbalaji5
    11-17 10:46 AM
    Hi -

    If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.

    I knew lot of IV members went to mexica for H1 stamping.. Please advise.

    Thanks.



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  • general Of maps honduras



  • ilikekilo
    06-18 11:47 AM
    as far as my lawyer says once on ead, even for one day you cant go bck ot h1b





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  • Hotel Photos middot; Map this Hotel



  • Shams
    10-24 03:04 PM
    Axilleus,

    My EAD status changed to "Card Production Ordered" on 10/15, changed to "Approval Notice Sent" on 10/20. I have received my card today (10/24).



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  • saajed
    11-16 02:36 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.





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  • Tegucigalpa - Honduras



  • morpis
    06-24 06:30 PM
    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.



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  • TEGUCIGALPA - HONDURAS



  • Michael chertoff
    04-15 10:28 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    Congratulations .....everyone of us will see this day one day....

    wow I can imagine how happy you are..enjoy and pray for rest of us.





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  • TEGUCIGALPA, HONDURAS



  • monkeyman
    08-29 02:05 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.

    Nothing so far - lawyer says not one check is encashed so far -



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  • Tegucigalpa, Honduras



  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).





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  • Hotel Photos middot; Map this Hotel



  • i99
    09-11 03:53 PM
    FYI: Ours went to R Williams on July 2nd/NSC and there is thread on this forum if you are interested. We heard nothing. According to the posts, if any of R Williams cases had any action, they happened at other service centers. You person might be sending the submittals around as well if they were received on July 2nd. Hang in there :cool:





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  • Tegucigalpa (Honduras)



  • eb3_nepa
    02-18 10:06 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?





    h1-b forever
    04-27 08:24 AM
    I want to know if some of us knew of Green card wait time when we applied or came to USA?

    what difference does that make?
    Question is, now that you know how long the gc process takes, you are still here............Cribbing maybe, but still here..........
    So, it does not matter what you knew at the time of coming here.





    neerajkandhari
    03-16 08:52 AM
    Can I work for the same employer as a contractor (1099)
    I dont want to be on payrorle with the company for whom i work



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