gcisadawg
04-12 08:18 PM
This is correct. Only your attorney will get the RFE.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
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chanduv23
08-27 08:38 AM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.
Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.
Company need not harbor illegal employees, they can do what it takes to keep the employee employed.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.
Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.
Company need not harbor illegal employees, they can do what it takes to keep the employee employed.
waitforgc1
05-07 03:34 PM
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
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mrsr
02-20 11:13 AM
InterFiling Help please gurus...
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rb_248
04-01 12:05 PM
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
HOPE_GC_SOON
05-04 10:30 AM
Hi Immi2006.
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Please help me understanding this..
Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:
Please enlighten me....
thanks:)
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
bkarnik
05-18 09:24 PM
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
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glus
04-29 10:54 AM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
NO, it will NOT affect you I-485.
more...
hydboy77
06-22 07:19 PM
good one. Here is the schedule for USCIS
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
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rameshvaid
05-26 04:59 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
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uma001
05-24 09:10 AM
I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.
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ita
01-15 06:04 PM
I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.
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ganguteli
03-06 02:53 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
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reachinus
12-24 12:44 PM
If you don't get the regular W2, then you fill in all the details that you know are correct and submit it along with your tax filings saying that you asked your employer to issue you the W2/Correct W2 with all the Pay info, but since he didn't give you the correct W2 your are using a non standard W2. IF u google it I am sure u will find it.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
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anandrajesh
09-21 04:52 PM
Point 2 in ur post is in the agenda. Ability to File 140/485 even if the dates are not current. Looks like this will be the least controversial of all things we can ask for, but will solve majority of our issues. This one thing doesnt ask for any EB numbers increase, doesnt look for H1 B increase and doesnt ask for anything that will have our opposition groups jumping up and down
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BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
more...
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saurav_4096
10-02 03:08 PM
the RFE was on Ability to Pay
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
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ilikekilo
06-02 05:26 PM
did you send web faxes and contribute to IV, if not please do
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chunky
07-26 03:12 PM
Her project is ending and her emplyer told that there is no more project.
Can one stay in US in AOS pendings tage
Can one stay in US in AOS pendings tage
nat23
11-17 01:43 PM
I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
omved
10-09 01:43 AM
There are lots of people living in arizona on H1 visa but still not member in immigrationvoice yet...
But sure, lets do meet sometime...
But sure, lets do meet sometime...
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