rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
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abhijitp
07-28 02:02 AM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
rkay
05-23 02:08 PM
MBA is not for everyone and in addition, an Online MBA doesn't have any value. MBA is not the same thing as learning cntrl C and cntrl V and then working for a shady desi consultant.
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
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moonrah
07-02 10:23 PM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
more...
rck4evr
09-10 02:03 PM
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
http://www.c-span.org/Watch/C-SPAN_wm.aspx
chanduv23
09-27 10:12 AM
A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.
Please share some more info if available. Lest discuss pros and cons
Please share some more info if available. Lest discuss pros and cons
more...
singhsa3
03-04 11:21 AM
I am expectin WSJ to pay a visit. So I changed the first message.
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AMITAT007
10-03 03:08 AM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
more...
karthkc
07-14 06:27 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
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abd
09-20 12:39 PM
Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
more...
imh1b
03-12 02:47 PM
Kumar123 is either a woman in late 30s not able to get married and thus so bitchy. Or a man who is frustrated in life, dominated by his woman and so taking it out on IV.:D:D
Chill man. !
At least you are EB2. Think about people in EB3.
Chill man. !
At least you are EB2. Think about people in EB3.
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vicky007
04-26 02:59 PM
Here is a link confirming the above:
http://www.dhs.gov/dhspublic/display?content=5551
The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.
Regards.
http://www.dhs.gov/dhspublic/display?content=5551
The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.
Regards.
more...
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vandanaverdia
09-11 12:13 PM
^^^ bump ^^^
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vik123
01-10 12:28 PM
Some people are already doing our job.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
more...
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xyz2005
07-18 11:25 AM
OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
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mheggade
07-14 01:22 PM
link does not work
more...
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seahawks
01-28 11:36 AM
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
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catchupvijay
06-11 02:01 PM
Thanks!
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Jaime
09-10 04:13 PM
thx for catching that.. i m sending it now to my school
Great! Let's all do the same!!!
Great! Let's all do the same!!!
webm
05-08 10:00 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Congrats!! pal..
eeezzz
02-14 11:52 AM
The spirit of US is to united everyone from different countries and races to live together to be loyal to the same country. But truly they don't want too many immigrants from one or two specific country. That is why they setup the country limit rules. So the population for all the immigrants from differnet places grows up about equally in this country. I think this is normal to every country. I believe every country will do the same if they are facing a lot immigrants. If the other day many immigrants from other countries want to go India, Indian gov. will do the same.
Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?
Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?
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