coopheal
05-07 04:41 PM
What is the next step? Do I need to follow up with another letter?
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
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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.
wizkid732
07-29 04:02 PM
I hope the process is improved. There cannot be so many loopholes where in some get it some dont. Everyone is hardworking and deserve a GC. The waiting game is too painful.
I edited my post as i didnt want to offend anyone. I was just chiding not to crib.
Remember you always have two options for everything. It depends on which one you take.
wizkid , You are absolutely right. Reading your story is just a great inspiration.
I edited my post as i didnt want to offend anyone. I was just chiding not to crib.
Remember you always have two options for everything. It depends on which one you take.
wizkid , You are absolutely right. Reading your story is just a great inspiration.
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decipher
04-21 09:40 PM
The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
more...
ndbhatt
02-15 01:26 PM
now what the hell is ROW and ICMP ?
ROW = Rest Of World
ICMP = India, China, Mexico and Phillipines
ROW = Rest Of World
ICMP = India, China, Mexico and Phillipines
jfredr
04-20 01:57 PM
I recently joined the forum with $20 Contributions.
my story is also same as many of u . Stuck in
Retrogression
thanks
my story is also same as many of u . Stuck in
Retrogression
thanks
more...
Googler
04-29 01:00 AM
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08. I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
Good luck to everyone else!
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dish
07-16 06:22 PM
From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.
more...
chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
more...
nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
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pappu
02-01 10:17 AM
Immigration Voice is making every effort to allow for members to be part of this advocacy effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html). IV team requests that many members plan to come to DC in April. This thread is started for members who wish to carpool or donate air miles or for DC/MD members to host others. Please use this thread to connect with each other.
However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thank you.
However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thank you.
more...
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kouhsik69
03-09 01:20 PM
Rao Baba is in hibernate mode.............::D....
Good Bulletin keep it up......INS:mad:
dask_1
EB3-I
PD Jan 2002
Good Bulletin keep it up......INS:mad:
dask_1
EB3-I
PD Jan 2002
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waitnwatch
07-28 04:10 PM
Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
more...
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lord_labaku
11-11 12:54 PM
is to play the same tune. We should repeat the Obama campaign taglines.
We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.
We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -
"It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."
Yes We can.
We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.
We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -
"It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."
Yes We can.
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vin13
11-11 01:46 PM
I'm willing to send this to all the congressman/senators in Texas. Since I'm new to this game, is email better or snail mail? Or is personal contact expected?
Thanks.
Contacting personally is the best. You may not always get a chance to meet the congressman. But atleast get an appointment with an aide who deals with immigration. Some of them would have offices in several towns. Choose the one close to you. Meet in person and explain the situation and give them the letter. Do not go in a big group. 1 or 2 members would be ideal. Lot of the congressman may not know much about the process. so you need to keep it simple with less technical terms.
Thanks.
Contacting personally is the best. You may not always get a chance to meet the congressman. But atleast get an appointment with an aide who deals with immigration. Some of them would have offices in several towns. Choose the one close to you. Meet in person and explain the situation and give them the letter. Do not go in a big group. 1 or 2 members would be ideal. Lot of the congressman may not know much about the process. so you need to keep it simple with less technical terms.
more...
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rpatel
07-24 12:08 PM
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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gcformeornot
08-15 03:59 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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justAnotherFile
07-15 08:44 PM
I got one FP done after filing I-485 and another when I first applied for EAD (18 motnhs back)
My spouse got only one FP request after I-485 and none during EAD renewals.
I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.
My spouse got only one FP request after I-485 and none during EAD renewals.
I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.
nitlsu
06-12 08:45 AM
Done for me and spouse. We also had ~20 other people in my neighborhood including citizens/GC send this.
rajuseattle
07-14 07:41 PM
ajthakur,
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
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