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AirWaterandGC
07-15 02:20 PM
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
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.
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Also is it possible that 140 was revoked by my previous employer?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?
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.
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?
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rayoflight
03-09 04:54 PM
I just called my congressman office and explained the sitatuion. The aide asked me to call the legislative aide in the Capitol Hill to discuss about changes. She said the congressman understands the importance however the political fraternity is currently trying to resolve the financial crisis and Immigration Reform is the last thing on their mind.
When I asked her honest opinion about visa numbers being released she did suggest that if you can join an immigration group with a good lobbying firm it can be a possibility that Congress can approve a 'piece-meal' bill releasing visa numbers by moving numbers from unused categories and/or unused from past years.
Again the emphasis was "Group focusing on Legal Immigration with a good Lobbying Firm".
Administrators, Senior Members and All:
I think it is the time to plan something big as 'Saburi' mentioned and bring our issues to their attention.
Please count me in for any rallies / organizing help.
All IV members please weigh in your thoughts.
Thanks,
Rayoflight
When I asked her honest opinion about visa numbers being released she did suggest that if you can join an immigration group with a good lobbying firm it can be a possibility that Congress can approve a 'piece-meal' bill releasing visa numbers by moving numbers from unused categories and/or unused from past years.
Again the emphasis was "Group focusing on Legal Immigration with a good Lobbying Firm".
Administrators, Senior Members and All:
I think it is the time to plan something big as 'Saburi' mentioned and bring our issues to their attention.
Please count me in for any rallies / organizing help.
All IV members please weigh in your thoughts.
Thanks,
Rayoflight
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needhelp!
11-25 06:25 PM
I got the same reply. Its standard when they send you your case number.
Here's my case Number: NRC2008065126
Here's my case Number: NRC2008065126
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hpandey
04-09 05:41 PM
On the same note, Kumarc123, it is hard to see them working with 2001 EB3-India category for more than 5 years. 245(i) or not...still 5 years...how about that.
Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.
Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:
I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.
Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:
I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
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kramesh_babu
07-27 08:44 PM
But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
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bigboy007
07-18 12:47 PM
I think all of us cautious at this time is very imp and we keep calling uscis pref next week so that we ensure we have enough backup avail and we have 30 days till.
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GreenLantern
02-21 05:09 PM
What is all this about LW. Everybody seems to think it's the bomb. Why? Maybe this needs to be it's own thread?
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greencard_fever
12-12 11:58 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html
Did you guys noticed there is no Explanation about EB cutoff dates in this VB as they used to put some comments about how the going forward will be..thats strange:mad:
Did you guys noticed there is no Explanation about EB cutoff dates in this VB as they used to put some comments about how the going forward will be..thats strange:mad:
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RNGC
02-24 10:49 AM
Thanks. Sent you a PM.
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guyfromsg
07-16 09:52 PM
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
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newuser
04-23 12:48 PM
Out of all the people I called, around 10-15 members phone no's don't even go to a voice mail. Please update the phone's and e-mail addresses that can reached incase we have an event like this.
Thanks to all the members who were able to attend this event.
Go IV.
Thanks to all the members who were able to attend this event.
Go IV.
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go_gc_way
12-28 11:13 AM
Thanks Boreal,Subba.
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
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pitha
01-28 09:39 AM
The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don�t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
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desibechara
04-07 06:26 PM
I dont even remember off hand about my date.
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
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vghc
07-03 11:23 AM
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
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coolmanasip
03-07 08:45 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
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raj2007
03-07 02:50 PM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
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permfiling
11-09 03:31 PM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
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raydon
12-13 11:33 AM
Don't know whether to rely on the dates in the visa bulletin. My colleague who is EB3 China with a PD of 2004 got his I-485 approved recently. The dates on the visa bulletin show EB3 China to be June 2002. Wonder of wonders, that is the USCIS.
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
logiclife
01-16 04:18 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
justAnotherFile
07-13 02:03 AM
i agree Murthy should have done this on the 3rd or on the 5th or even on the 9th, if she was sincere about it.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
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