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TomTancredo
11-26 02:53 PM
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
I have copy of that letter but it mentions the title and salary no job desc.
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desi3933
07-10 03:32 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
wellwisher02
03-29 01:33 PM
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
Just carry your bank statements. No need to carry cash or cashier's checks.
Visit your bank's website, log into your bank savings/checking account and download your bank account statements.
Thanks.
Just carry your bank statements. No need to carry cash or cashier's checks.
Visit your bank's website, log into your bank savings/checking account and download your bank account statements.
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eb3_nepa
07-05 01:39 PM
Send a DEAD Fish to the media with the story titled "Something Smells FISHY at the USCIS"
more...
SunnySurya
08-24 09:19 AM
Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
aroranuj
03-02 03:48 PM
^^^BUMP^^^ Guys please continue contributing...
more...
cjain
11-01 03:59 PM
^^^^^^^^^^^
what happens if one changes job after 180 days but the I-140 has not been approved?
what happens if one changes job after 180 days but the I-140 has not been approved?
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tnite
11-21 09:20 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
more...
dingudi
03-23 11:47 AM
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
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gc_on_demand
09-10 10:19 AM
Folks...
Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.
If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.
and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
:):):):):):):)
Dates move ahead means almost all people before 8 Jan 2005 will get their GC in Sep 2009.
If that comes not true then DOS has given Spill over visas to Eb2 india on day 1 of new quarter and will do same for every quarter. If this is the case then date will move forward only in Jan 2010 bulletin.
and if they moved date forward because there are only few hundreds case between Jan 8 and Jan 22 2005 then we will see very big movement in Aug - Sep 2009. There are very few Labor since Nov 2008. So Eb2 ROW will not utilize even 10k visas in next year thus Eb2 row will donate 20k + visas to Eb2 india and Eb1 do same ... if Eb4 and Eb5 doesnot get renewal before Sep 30th then expect 5k more visas total almost 55k Spill over to Eb2 india and China which will make Eb2 C by Sep 2010..
:):):):):):):)
more...
transpass
08-23 04:12 PM
Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
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ragz4u
05-02 10:45 AM
The �SKIL� Bill
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
Short Title: Securing Knowledge Innovation and Leadership (SKIL)
Title I � Access to High Skilled Foreign Workers
Section 101. H-1B Visa Holders
Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.
Section 102. Market-Based Visa Limits
Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.
Title II � Retaining Foreign Workers Educated in the United States
Section 201. United States Educated Immigrants.
Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.
Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.
Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.
Section 202. Immigrant Visa Backlog Reduction.
Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.
Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.
Section 203. Student Visa Reform.
Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.
Section 204. L-1 Visa Holders Subject to Visa Backlog.
Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
Title III � Business Facilitation Through Immigration Reform
Section 301. Streamlining the Adjudication Process for Established Employers.
Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.
Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.
Section 303. Eliminating Procedural Delays in Labor Certification Process.
Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.
Title IV. Miscellaneous
Section 401. Completion of Background and Security Checks.
Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.
Section 402. Visa Revalidation.
Allows temporary workers who have not violated their status to renew their visa from within the United States.
Section 403. Severability.
Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.
more...
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immi_grant
12-10 06:31 PM
Sorry to hear about your situation. My prayers are with you.
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venkat_s
08-27 04:24 PM
Hello All,
Got greened today !!. Just recieved CPO emails for me and spouse. Feels really great!!. the long wait has finally ended!... Thank you IV for your efforts. this site's been a great resource throughout the GC journey. I wish all the best to all the folks still waiting- HANG in THERE .. sooner or later you will be hearing the good news!. My details below
PD Oct 21 2005
RD 7/26/2007
ND 8/23/2007
Service Center : NSC
Last SLUD 08/12/2010
EAD / AP approved on 08/10/2010
Infopass on 08/06/2010 - Told was in review - Case assigned to Officer on 07/29/2010.
SR Opened 08/02/2010 - Wait for 60 days.
Got greened today !!. Just recieved CPO emails for me and spouse. Feels really great!!. the long wait has finally ended!... Thank you IV for your efforts. this site's been a great resource throughout the GC journey. I wish all the best to all the folks still waiting- HANG in THERE .. sooner or later you will be hearing the good news!. My details below
PD Oct 21 2005
RD 7/26/2007
ND 8/23/2007
Service Center : NSC
Last SLUD 08/12/2010
EAD / AP approved on 08/10/2010
Infopass on 08/06/2010 - Told was in review - Case assigned to Officer on 07/29/2010.
SR Opened 08/02/2010 - Wait for 60 days.
more...
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nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
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ghost
09-23 02:07 PM
It's very selfish of rsharma....shameful!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
more...
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jungalee43
11-19 04:00 PM
I called senator's offices. One senator's voice mail box is full. I will call them again Monday. Another senator's office directed me to their Atlanta office. Here they handle individual cases only. So the staffer said their is no point in my driving there and meeting them in person. But the staffer gave me his direct e-mail id and asked me to mail him the issues, views, suggestions etc. He assured me that he would forward it to DC office and would make certain that someone calls me from the DC office and hears my views.
I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
There is no use however talking to our House Rep. though.
I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
There is no use however talking to our House Rep. though.
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wa_Saiprasad
07-19 08:29 PM
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
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desi3933
07-08 10:22 AM
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
bostonqa
06-11 01:37 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
pappu
05-13 03:53 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.
By becoming the donor,
- You will gain access to IV plans and updates.
- You will be able to easily communicate with IV leadership.
- You will be given access to IV conference calls and participate in the discussions.
- If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
- By being a donor you are helping IV continue this effort that benefits the community.
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