mmaxima
07-23 09:43 AM
I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.
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cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
validIV
03-19 01:40 PM
The American Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Why remove the cap when the demand is less? Shouldnt it be the other way around?
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Why remove the cap when the demand is less? Shouldnt it be the other way around?
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chrisj
01-17 07:26 PM
Even if the amount is just $4000, if he win the case you will have to pay his lawyer fee too. I would suggest you to resolve this by giving the actual reason. He cannot bind her to the job for 4 years.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
more...
nonimmi
06-11 04:39 PM
Please keep all bilateral discussion between yourself. Most discussions are soon being targeted to personal criticism or attack. Please respect others views (which are following IV line of course) and be polite.
LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
more...
karthiknv143
01-02 03:03 PM
Shouldn't be a problem. Infact I have done that. I travelled on H1 in Dec '04 when my H1 was to be expired May 2005. Did not have any problems.
But make sure to consult your lawyer/firm before you travel.
But make sure to consult your lawyer/firm before you travel.
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mbartosik
11-08 03:33 PM
It looks like this including dependents -- good news.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
more...
BMS1
08-21 09:23 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
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indio0617
10-23 11:38 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
more...
gc4me
07-05 09:02 PM
Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?
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joeshmoe
03-24 03:38 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
more...
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new_horizon
05-07 08:36 AM
I don't think you should make it a big deal. I know it hurts you and your family to see PD question you, but they were doing their job based on someone's complaint. Moreover you don't want to complicate matters, and put you in the spotlight for nothing.
I am sure the gods will be more forgiving on these ignorant officers, and so should you.
I am sure the gods will be more forgiving on these ignorant officers, and so should you.
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tinku01
07-15 02:33 PM
please give yr priority date and any one has idea when consulate issues the date my PD is June'2004 EB2 and file is with delhi consulate from Oct'2007. Lets see what happens now.
more...
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485Mbe4001
10-22 05:54 PM
what is the significance of three ??? in your question. one is used the other 2 are unused.
You have answered your own question...if Latvia had 2600 visas in EB3 FY 2006 and only 500 visas were used then 2100 are unused. They are transferred to people from other countries.
You have answered your own question...if Latvia had 2600 visas in EB3 FY 2006 and only 500 visas were used then 2100 are unused. They are transferred to people from other countries.
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Appu
04-17 06:13 PM
This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
more...
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waitingnwaiting
01-19 04:02 PM
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
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zephyrr
07-16 11:51 PM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
wonder why different attorneys have different requirements
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a1b2c3
06-15 10:58 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
which country are you from?
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
which country are you from?
GooblyWoobly
07-18 06:14 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
voldemar
03-27 08:30 AM
you can volunteer for your future employer as long as there is no financial transactions involved.Then you are replacing american guy.
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