feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
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sabudanawada
03-20 09:34 AM
Tens of thousands? :eek:you kidding me? where did you get that number from? Please explain your logic/source or refrain from making unwarranted assumptions.
If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.
NO, no way.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.
NO, no way.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
prioritydate
12-20 07:09 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
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nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
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humdesi
02-21 10:06 PM
Lord almighty people are getting really carried away. :) This cutoff setting guy hadn't even made up his mind as of Feb 13. Also read my entire post, he won't set the date till he sees the estimate from USCIS.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
Most likely he'll see how much the demand really is and decide a cutoff at early 2002 or maybe even 2001. Remember EB-2 india vanished even after cutoff being at Jan 2000.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
Most likely he'll see how much the demand really is and decide a cutoff at early 2002 or maybe even 2001. Remember EB-2 india vanished even after cutoff being at Jan 2000.
arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
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zen
04-03 03:09 PM
o.k. ..I will first tell the issues which are preventing me from doing what you say.
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
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gc28262
04-08 10:29 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
If HR says YES to IO's question, HR would be contradicting himself.
Irrespective of whether these are rumors, H1B traveler should always make a note of IO' identification. It is better to ask IO for his identity once he gets into "job protection" mode. Later on candidate can lodge a complaint against IO if needed.
Protecting US job is none of IO's business.
If HR says YES to IO's question, HR would be contradicting himself.
Irrespective of whether these are rumors, H1B traveler should always make a note of IO' identification. It is better to ask IO for his identity once he gets into "job protection" mode. Later on candidate can lodge a complaint against IO if needed.
Protecting US job is none of IO's business.
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smartboy75
07-11 01:17 PM
Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
____________________
Phone calls to CHC Members
Written Letters to President & IV
Attended DC Rally
Contributed to IV
PD: October 2003, EB-3
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
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Saralayar
07-13 10:37 AM
Hi,
All of us are here in US only for $$$$ and nothing else. For what reason you left your country and begging here for GC?. It is all $$$. All Attorneys charge $$$ for even sending you an email reply. Don't blame Murthy alone.:cool:
All of us are here in US only for $$$$ and nothing else. For what reason you left your country and begging here for GC?. It is all $$$. All Attorneys charge $$$ for even sending you an email reply. Don't blame Murthy alone.:cool:
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Dhundhun
07-12 11:06 AM
http://www.immigration-law.com/
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
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InTheMoment
07-13 11:39 PM
Thanks for the latest info. Would be interested to know about this change...
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
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gcpool
03-17 09:31 AM
EB3 to EB2 filing is not cheating. They too are waiting in line. What used to be unfair was the fact the labour clearance in a lot of states used to take years and years and some places in months. What is unfair is allowing to labour substitute. If you have been waiting for long you too can try to change to EB2. And its not cheap and convinient.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
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hopefull
05-15 05:28 PM
dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
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amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
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willwin
07-28 01:02 PM
I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
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partha_vus
10-26 11:35 AM
PD Jan 2001(ported priority Date)
I-140 Approed June 2007
I485 Applied RD:July 2, 2007
EAD cards received
thanks
I-140 Approed June 2007
I485 Applied RD:July 2, 2007
EAD cards received
thanks
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kartikiran
07-12 04:26 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
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gvenkat
10-20 09:24 AM
Mccain is suportive to immigration yes. But not to legal but illegal. And there will be too m any distractions under his regime the 100 yer war in iraq and a new war in IRan that this will be in the back burner and the economy going down and us losing jobs so that we dont have to worry about GC. :mad::mad::mad:
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
asia2america
01-19 09:40 PM
Hi! I am planning to apply EAD on my own as I could no longer afford to pay my expensive lawyer, but there I am not sure how to answer question 13 in the form which says, "Have you ever before applied for employment authorization from USCIS? Since I was and still am on H1, should I answer yes? Please help. Thanks.
webm
06-06 02:16 PM
Congrats!! bodhi_tree
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