mohican
01-02 12:29 AM
Thanks Ram. What is strange that my attorney on record did not even get the letter of denial. I have scheduled infopass for Jan 5th. I have H1B until June 2009 and EAD unitil Sep 2009. My wife and I have been working on EAD and traveled on AP.
Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)
Mohican
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
Question to you and other members: Can I work until Sept 2009? I don't think my letter says that EAD was revoked (that is me speculating until I get the letter)
Mohican
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
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sherlock01
08-07 06:39 PM
Why would you want to do that? I am EB-2, waiting for GC but don't consider myself to have some sort of monopoly over EB-2.
EB-2 or EB-3 is not our birthright. It's just a matter of circumstance that many of us found ourselves in one category or other. It does not even necessarily mean any difference in skill or experience. There are many people in EB3 with Masters degrees and many people with over 10 yrs experience.
Dude everybody wants their GC. If you want to fight injustice fight for something positive. You will only get bad Karma by undercutting other people :mad:
EB-2 or EB-3 is not our birthright. It's just a matter of circumstance that many of us found ourselves in one category or other. It does not even necessarily mean any difference in skill or experience. There are many people in EB3 with Masters degrees and many people with over 10 yrs experience.
Dude everybody wants their GC. If you want to fight injustice fight for something positive. You will only get bad Karma by undercutting other people :mad:
malaGCPahije
08-07 04:12 PM
The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.
Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.
I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.
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ek_bechara
08-07 02:37 AM
North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?
My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.
I'm EB2/ Masters from US school and in my seventh year H1-B.
My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.
I'm EB2/ Masters from US school and in my seventh year H1-B.
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Techieforever
08-17 11:32 AM
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Sri_1975
06-16 10:23 PM
PM me L1fraud i would like to help. Because of L1 misuse lot of people are loosing jobs.
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anilkumar0902
08-15 05:00 PM
Did u hpn to find out if ur case is with an officer or not?
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
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nk2006
11-06 09:27 AM
Keep sending the letters. For all our future action items on this issue - its most important to send large number of letters so officials are aware of its effects and the related concern.
I think 100 or so letters are not going to have that kind of effect; we need several hundreds if not thousands. We are a 30K member organization - we can do better than what we are doing now.
If you havent sent the letters already please do so today, it wont take more than a few minutes.
I think 100 or so letters are not going to have that kind of effect; we need several hundreds if not thousands. We are a 30K member organization - we can do better than what we are doing now.
If you havent sent the letters already please do so today, it wont take more than a few minutes.
more...
MeraNaamJoker
08-16 10:04 AM
I Have opened an SR on Aug 6th and then sent an email to TSC followup . I got a response from them on friday " We are currently researching this situation and will contact you with an update." HAs anybody this kind of response?
Thank you
I had created two different SRs, one for myself and kids and one for my wife. The SR which I created for my wife got a response with Card Production Ordered and for the SR I created for myself, the status in the response was "currently under the review". The date was one day before my CPO mail date.
I guess you have nothing to worry. This seems to me as a standard response.
Thank you
I had created two different SRs, one for myself and kids and one for my wife. The SR which I created for my wife got a response with Card Production Ordered and for the SR I created for myself, the status in the response was "currently under the review". The date was one day before my CPO mail date.
I guess you have nothing to worry. This seems to me as a standard response.
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JazzByTheBay
09-13 09:54 PM
Admire your smiley in the face of an RFE. Rock on! :)
jazz
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
jazz
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
more...
BharatPremi
03-26 10:47 AM
I understand your frustration. I have heard similar things from employers about hiring people on H-1B.
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
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nixstor
06-29 04:44 PM
what makes you think they cant blame USCIS statistics for this? USCIS gave us wrong stats, we made it current, then they said that no, they have enough visa numbers.
I have not thought so. I guess that was your assumption on my post. As I said, it can very well happen, but I doubt it on the first day.
its not written into law that they cant update it mid-month. They are allowed by law to update it whenever they want.
Thanks for the info. As I understand, its not written into law. But if they really do it on the first day of the month, Its the best avenue for a class action law suit on both DOS & USCIS. It shows their negligence and incompetence to produce a VB that gets revised on day one. All the money spent by applicants, time spent by lawyers will definitely result in a pretty good number of people forming an alliance for a class action law suit.
I have not thought so. I guess that was your assumption on my post. As I said, it can very well happen, but I doubt it on the first day.
its not written into law that they cant update it mid-month. They are allowed by law to update it whenever they want.
Thanks for the info. As I understand, its not written into law. But if they really do it on the first day of the month, Its the best avenue for a class action law suit on both DOS & USCIS. It shows their negligence and incompetence to produce a VB that gets revised on day one. All the money spent by applicants, time spent by lawyers will definitely result in a pretty good number of people forming an alliance for a class action law suit.
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snathan
09-09 06:10 PM
Just called Howard L. Berman's office and staff told me he is supporting the bill.
:D:D:D
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cram
06-20 09:44 PM
For an employment-based petition, in order to proceed and be valid, they need to still INTEND to be employed by the sponsoring employer if and when they get their green card. The employer however, does not need to sign any forms per se with relation to the adjustment petition. If the alien is currently working for the sponsoring employer (on H-1B or other) he or she can port or transfer employers without penalty or without losing the
green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
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Mahatma
08-09 02:28 PM
My idea for presenting my views on NAME CHECK and PROGRAMMING problem is to REACH TO TRUTH as Mahatma Gandhi always preferred. I may be wrong also. Your views and comments would help improve this debate.
If my suspicion is true, then this (programming blunder) would be a CODE BREAKER. I got this idea bacuse of my background in genomics and bioinformatics. For example, if a gene sequence is not done well and there are some errors, gene database may erroneously show wrong HITS. This is the reason why gene sequencing is done throughly and accurately to avoid wrong interpretation. For example, simple error could mean nothing or a million dollar discovery.
If phoenetic program is appied to Davids and Johns, there would be countless hits. While they do not permit spelling error in your name during adjudication then why do they want to play with different spellings of your name??
If my suspicion is true, then this (programming blunder) would be a CODE BREAKER. I got this idea bacuse of my background in genomics and bioinformatics. For example, if a gene sequence is not done well and there are some errors, gene database may erroneously show wrong HITS. This is the reason why gene sequencing is done throughly and accurately to avoid wrong interpretation. For example, simple error could mean nothing or a million dollar discovery.
If phoenetic program is appied to Davids and Johns, there would be countless hits. While they do not permit spelling error in your name during adjudication then why do they want to play with different spellings of your name??
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manand24
09-14 11:30 AM
I have not received any reciept notices yet. I also filed on July 2, 2007.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
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manand24
09-16 01:28 PM
My wife and I received the CPO e-mails today at 12:15PM.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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amsgc
06-26 02:52 PM
The salary in employer letter should match the one in labor or in I 140?
Mine is more in labor than I 140.
Here's what I requested my employer to write in the Letter:
Current salary is XXX.
Salary that will be offered on permant residence will be not less than YYY (mentioned in the labor)
Mine is more in labor than I 140.
Here's what I requested my employer to write in the Letter:
Current salary is XXX.
Salary that will be offered on permant residence will be not less than YYY (mentioned in the labor)
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psaxena
09-23 06:25 PM
The numbers are based of the I-485 already filed. Please read the heading of the page 5
That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?
To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.
That's exactly what I wrote a few posts above. I think the more basic question is - What does 485 inventory mean? Is it already filed 485 numbers or "can be filed based on approved I-140" numbers?
To the OP: Can you provide the link from where we can open the PDF instead of just throwing the PDF open. Maybe that will provide a better context to the numbers.
abhijitp
07-31 06:07 PM
You are trying to say I can sign an application then mail it with just fee. You think they will accept without any Initial Evidence. I know about them relaxing condition on Medical. When did they relax it for all other Initial Evidence as well.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.
pitha
09-24 07:40 PM
To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.
The following information is asked in the first field of ETA form 9089.
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.
"interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.
The following information is asked in the first field of ETA form 9089.
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.
"interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.
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