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  • martinvisalaw
    06-25 08:50 AM
    Hi,

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?

    Thanks in advance!

    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.





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  • sledge_hammer
    04-08 07:26 PM
    Your join date is March 2009. We know you are not a donor. We know you have not participated in any IV campaigns. But you want IV to be answerable to you.

    Please tell us why!

    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.





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  • gc_dream07
    06-10 12:53 PM
    I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.





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  • fide_champ
    08-04 06:50 PM
    Hi,

    Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?

    You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.



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  • CCC
    07-05 06:33 PM
    First off, thanks for the response guys.

    So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?





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  • shirish
    08-31 01:46 PM
    USCIS goes by country of birth, so registing a new country will not work.


    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
    9/3: 9.25am & 6pm;
    9/4: 7.45am & 6pm;
    9/5: 9.25am & 6pm;
    9/6: 7.45am & 6pm;
    9/7: 9.25am & 6pm;
    9/10: 9.25am & 6pm;
    9/11: 7.45am & 6pm;

    Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

    Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
    the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV



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  • anindya1234
    07-17 10:13 PM
    Need some views on this





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  • DirCls
    07-15 06:18 AM
    I am in Houston



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  • brij523
    12-28 07:43 AM
    Hi Paskal,

    I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.

    Thanks





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  • krishgreen
    06-01 04:43 PM
    Hi All,

    I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

    Here is the complete process that I have followed from start to End:

    * I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

    * Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
    * Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
    * On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

    **** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

    *Then he will drop you at US Consulate and stay outside until you pass the security line.

    * After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
    * After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
    *After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

    At the Visa Interview counter:

    Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

    VO: Why did you change the company from your Old to New.
    ME: Explained the situations.
    VO: Do you directly work for the client of your Current Company.
    ME: No, I work for a client of another Vendor.
    VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
    ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
    VO: How do we trust that you are really working for the Client.
    ME: I pulled out my client letter and Photo ID Card and gave it to VO.
    VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
    VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
    ME: Handed over all the W2's and Payslips.
    VO: Can I see your bank statements for last 3 months.
    ME: Gave my bank statements.
    VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
    ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
    VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
    ME : No.
    VO: What is your job description.
    ME: Explained.
    VO: Is your greencard petition filed.
    ME: Yes.
    VO: Can I see your Approved labot and I-140.
    ME: I have approved labor, but, not approved I-140.
    VO: You are supposed to carry all the documents.
    ME: Blank face
    VO: Okay, your Visa is approved.
    ME: Thank you :-)

    NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

    We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

    Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

    Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

    Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

    After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

    If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

    If anybody have any questions, please let me know.

    Good luck.



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  • wandmaker
    11-16 11:38 AM
    FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.





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  • nishant2200
    04-08 04:10 PM
    I think they moved very cautiously because of porting. Porting seems to be much more serious than we all thought maybe. Also as well as since it's just may, they traditionally don't open floodgates until late.



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  • saketkapur
    03-22 12:12 PM
    This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.

    As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
    Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

    No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
    Please talk to a reputed immigration attorney to get clarifications regarding your specific case.





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  • maristella61
    02-27 11:55 AM
    LIN = nebraska service center, SRC = Texas service center

    Thanks !



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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.





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  • walking_dude
    11-25 05:46 PM
    Done.

    You are doing great...Please keep up the good work...

    also, add item 6 to our wish list..

    6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.

    Good work, but small modification.

    Just take out this phrase in the list

    or increase them to rational levels such as 10%-15%



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  • WillIBLucky
    12-08 08:13 AM
    Whats going on, nobody is taking about the bill in senate today? Yesterday's thread is also not been seen. Whats going on guys?





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  • Rakson
    02-28 10:25 PM
    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)

    roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.

    roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..

    Again thanks for your help..





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  • nareshg
    10-12 01:59 AM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.

    Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...

    and now USCIS has revieved the evidence they asked for...guess what they say...

    On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    60 more days...come on....





    vinay.shah73
    01-17 03:12 AM
    Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.

    Here is what USCIS specifically requested:
    1. Birth certificates of children
    2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
    3. Joint income tax returns
    4. Joint financial accounts such as bank statements
    5. Spousal insurance coverage such as health insurance and life insurance

    In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.

    Things that I plan to submit:
    a) Marriage certificate from India.
    b) Joint US income tax returns for 2006.
    c) Joint bank statement.
    d) Kaiser health insurance for spouse.
    e) Joint credit card statements.

    We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.

    Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.

    Thanks a lot!
    vinay.shah73@gmail.com

    PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.





    ramus
    04-27 04:51 PM
    Fond this..
    http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007

    Is this CIR in sanate?



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