Ramba
07-14 05:52 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, even if you change the employer before 180 days completion of 485 filing.
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Also is it possible that 140 was revoked by my previous employer?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?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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, even if you change the employer before 180 days completion of 485 filing.
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?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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GCard_Dream
03-18 05:35 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
isantem
02-23 09:44 PM
I will attend the Advocacy Day April 2,3,4 and maybe 5 but I can't promise the 5.
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
I am coming from Richmond, VA and I can pick-up 3 more people from the area. I can also do carpool in DC during the events (Hotel - Captol Hill or Airport Capitol Hill)
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perm2gc
01-17 01:43 PM
http://groups.yahoo.com/group/USA-Immigration/
http://tech.groups.yahoo.com/group/gc_usa/
http://tech.groups.yahoo.com/group/gc_usa/
more...
kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
stldude
07-13 08:21 AM
Guys ! ! ! ! AT this stage let's take all the help we get from any possible source. Although i agree that Murthy is trying to stab in to the fame/sucess in this fabulous effort by IV, but it's better to add on more Voices to this cause...
The whole GC Seekercommunity knows that IV played a very big role in creating a public awareness and making people talk. Let's not bother commenting on Murthy's evil intentions...
The whole GC Seekercommunity knows that IV played a very big role in creating a public awareness and making people talk. Let's not bother commenting on Murthy's evil intentions...
more...
varshadas
01-24 10:33 PM
Let us have a conf call on 01/27/07 at 10.00 AM. I will post the conference details soon.
Thanks,
Varsha
Thanks,
Varsha
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GCBy3000
01-16 10:10 AM
I have already signed up through my bank to send $20 everymonth to IV. It will also have memo with my name gcby3000.
So you can count me against $20.
So you can count me against $20.
more...
tooclose
07-12 07:25 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Zigzag, do you know where we can lookup this information ? Thanks.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Zigzag, do you know where we can lookup this information ? Thanks.
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nc14
11-03 04:19 PM
I too got a receipt letter from USCIS about my FOIA request.
Today received letter from USCIS regarding the FOIA.
Today received letter from USCIS regarding the FOIA.
more...
gvenkat
10-21 12:38 PM
/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
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frostrated
06-11 03:55 PM
Done. Sent to senators in Texas. Also sent to house members just so that they are aware.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
more...
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pasupuleti
04-20 04:20 PM
Thank you Sanjeev. That will be very helpful.
I will send my phone number as pm.
I will send my phone number as pm.
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Green_Always
08-08 09:39 AM
Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
more...
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pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
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psaxena
03-09 02:50 PM
I think this fits for everyone of us. :eek:
http://immigrationvoice.org/forum/blog.php?b=56
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
http://immigrationvoice.org/forum/blog.php?b=56
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
more...
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Macaca
09-10 04:44 PM
Money Comes and Goes
You Live for the
History Books
His Airness, Michael Jordan: The Best Ever
You Live for the
History Books
His Airness, Michael Jordan: The Best Ever
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rajuram
10-25 09:38 PM
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
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cin45220
12-29 10:04 AM
Hi,
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
"Plus it is not a "** State University" but a "University of **" which means it should have better profs."
How do people come up with aforementioned insights? There is no co-relation between how a Univ is named and the quality of education offered....
I guess, according to you, Univ of phoenix must be better than all the state Univs (OSU, MSU etc..) in US
-CinBoy
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
"Plus it is not a "** State University" but a "University of **" which means it should have better profs."
How do people come up with aforementioned insights? There is no co-relation between how a Univ is named and the quality of education offered....
I guess, according to you, Univ of phoenix must be better than all the state Univs (OSU, MSU etc..) in US
-CinBoy
grinch
03-11 10:33 PM
Yes we are soulty!!
Thanks bluesun, I'll try it out
Thanks bluesun, I'll try it out
$eeGrEeN
06-22 12:58 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
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