tinamatthew
07-24 01:02 PM
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
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amitjoey
07-03 11:50 PM
I understand that a lot of people have a genuine concern about why we would need funds for a law-suit, especially when AILF is doing it and it wont cost members to participate.
I am not core IV member, and I do not know the right answer, so I might be wrong, but last time there was a discussion about lawsuit, and previous occasions when it was discussed, it was clear that lawsuits have to be accompanied by a simultaneous campaign of lobbying, media coverage, and buying print and radio space. If we have to make a big splash, and make it really red and dark. That will also put a lot of pressure on the concerned authorities. These related activities need $$. Again, I might be totally offbase here. Pappu can answer this.
I am not core IV member, and I do not know the right answer, so I might be wrong, but last time there was a discussion about lawsuit, and previous occasions when it was discussed, it was clear that lawsuits have to be accompanied by a simultaneous campaign of lobbying, media coverage, and buying print and radio space. If we have to make a big splash, and make it really red and dark. That will also put a lot of pressure on the concerned authorities. These related activities need $$. Again, I might be totally offbase here. Pappu can answer this.
Kodi
04-01 06:24 PM
Thank you so much.
So is it correct if I take the annual salary and divide by 52 and then by 40 to get the hourly basis?
So is it correct if I take the annual salary and divide by 52 and then by 40 to get the hourly basis?
2011 scarlett johansson. keira
kumarc123
04-09 03:37 PM
Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
more...
nandakumar
07-12 06:14 PM
Like wise :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
paskal
12-26 04:30 PM
amsterdam is visa free- thank NW/KLM for it!
I hear Milan is too - Alitalia
I hear Milan is too - Alitalia
more...
saiimmi
03-21 11:13 PM
Optimystic!
Did you see any LUDs on your 485 over the past few months?
Thanks,
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
Did you see any LUDs on your 485 over the past few months?
Thanks,
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
2010 Best Scarlett Johansson photos
alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
more...
Sunx_2004
10-25 11:32 AM
Priority date: April 2004
Please participate in EB3 Poll
Please participate in EB3 Poll
hair Scarlett Johansson
vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
more...
ambrishmisra
04-10 02:05 PM
My wife is in US since Aug, 2006 on H4.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
hot 1. Scarlett Johansson should
ak27
01-03 11:35 AM
Hello Everyone,
Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.
NJ chapter must be largest... Let us make it..
Thank you..
Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.
NJ chapter must be largest... Let us make it..
Thank you..
more...
house Scarlett Johansson
dakajo
12-21 10:07 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
tattoo Scarlett Johansson
chintu25
09-10 10:44 AM
I will update here for those who cannot enter chat
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
more...
pictures Scarlett Johansson
desixp
06-11 02:26 PM
Done!
dresses Scarlett Johansson - FHM#39;s 100
signifer123
02-15 08:44 AM
Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't
more...
makeup Photos with Scarlett Johansson
desi3933
02-01 08:07 AM
Thanks a lot Desi3933. I don't have words to thank you...
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
girlfriend Scarlett Johansson Hairstyles
varshadas
12-01 10:50 PM
Lets schedule a conference call this Tuesday, that is, 12/05/2006 at Noon EDT. Let me know if everyone is OK with this time. Also, lets try to get more members on this state chapter. Meanwhile if people here can do some research on the people whom we want to meet up with.
Thanks,
Varsha
Thanks,
Varsha
hairstyles Scarlett Johansson can also
rajuram
01-24 01:15 PM
What is the next item we are waiting for, it has to be "wait for the economy to get a little better before the congress will do something".
This chakraview never ends. Please god (or IV) help us ......
We have no more excuses now.
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
This chakraview never ends. Please god (or IV) help us ......
We have no more excuses now.
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
sc3
10-16 01:40 PM
I still don't believe that USCIS has no say in spill over - think again :)
Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.
Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.
vagish
04-04 04:25 PM
04/04/2007: Senator Durbin and Senator Grassley Introduced H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks