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diptam
07-24 11:14 AM
Guys,
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
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logiclife
01-30 01:34 PM
You can look for reviews at 3 locations.
Here, on immigrationportal.com and on desicrunch.com
Over here and on Immigrationportal.com do a search on forums by typing your company name.
On Desicrunch, I dont know how to look, dont go there very often.
Here, on immigrationportal.com and on desicrunch.com
Over here and on Immigrationportal.com do a search on forums by typing your company name.
On Desicrunch, I dont know how to look, dont go there very often.
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Dolly20
10-03 01:14 PM
Hi!
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
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newuser
04-21 11:45 PM
Thanks for the updates.
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NH123
05-15 04:58 PM
Read my friend read! "Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.". Do everyone who graduate from MIT Sloan make $200k after 3 years of graduation? Think about it. What do you think average salary of a ISB graduates is when you were hearing students getting offers of Rs. 1 crore? It was only 15Lacs.
I did read my friend where you were assuming Bonuses and increments does not make significant part of the salaries! But i think you are comparing apple with the oranges when you compare MIT sloan with ISB.However i agree with you 100% and the other fellow that the reson to do MBA is for personal career goals rather than calculating ROI.
I did read my friend where you were assuming Bonuses and increments does not make significant part of the salaries! But i think you are comparing apple with the oranges when you compare MIT sloan with ISB.However i agree with you 100% and the other fellow that the reson to do MBA is for personal career goals rather than calculating ROI.
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harsh
12-12 02:05 PM
I agree. Who or which department of USCIS has the authority to decide they will disallow concurrent 140/485 filing? If that department has the authority to make such a decision they probably have the authority to
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
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jay75
08-15 08:10 PM
Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
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.soulty
03-09 08:00 PM
just enter whatever you have on the date and then fix it up after.. no drama, you can always use this piece for a portfolio or something and you can showcase it later.
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pappu
02-04 02:27 PM
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
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pbuckeye
02-12 08:54 AM
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
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sanju_dba
07-24 11:15 AM
The early the 485 filing , the early you are from your citizen ship date?
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IAF
11-11 01:28 PM
I agree!
The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.
The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.
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gc_kaavaali
12-21 06:27 PM
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?
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?
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glus
07-28 09:31 AM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.
Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.
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485Mbe4001
07-28 06:09 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
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andy garcia
09-27 12:33 PM
You don't have to struggle in home country. You were born and raised there and I do not see a need to struggle.
And you are not struggling here also, you have come to pursue your dream, everyone here have jobs, we are just trying to fix a broken system here.
I have 2 European co-workers. They both told me, "The only way we will go back to Europe is when we die".
And you are not struggling here also, you have come to pursue your dream, everyone here have jobs, we are just trying to fix a broken system here.
I have 2 European co-workers. They both told me, "The only way we will go back to Europe is when we die".
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Ramba
07-14 05:52 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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chintu25
07-09 03:11 PM
Way to Go Azulay Horn & Seiden, LLC
Rock On We are with u :) :cool:
Rock On We are with u :) :cool:
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NKR
09-19 02:50 PM
You seem to be in this forum accusing me of discussing in this forum?:mad:Great. Get real. If I talk about the facts, it means I am spreading fear? If I stop talking about it, then the situation will magically go away? Nostradamus? I am saying what is in the news. Looks like you are predicting that everything will be fine and rosy. It is a free country. You want to disagree with me go ahead. Don't tell me not to talk about it.
Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.
The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...
The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words�dude, if you look around there are lot of small things that can make you happy.
As if waiting for GC is not problematic enough, we have to put up with your �sky will fall� predictions.�.
Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.
The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...
The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words�dude, if you look around there are lot of small things that can make you happy.
As if waiting for GC is not problematic enough, we have to put up with your �sky will fall� predictions.�.
PresidentO
02-11 01:19 PM
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
tikka
07-03 10:49 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
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