superdude
07-24 12:20 PM
My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).
I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.
- Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
Thanks in Advance!
employment letter is not part of initial evidnece per the FAQ issue by USCIS on 07/23/2007. Only signatures and exact fee amounts are part of initial evidence. Sit back and relax now.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.
- Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
Thanks in Advance!
employment letter is not part of initial evidnece per the FAQ issue by USCIS on 07/23/2007. Only signatures and exact fee amounts are part of initial evidence. Sit back and relax now.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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ya3
03-08 01:07 AM
hmm... I may join... If I get time. We'll see :D
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
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
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Sunx_2004
03-12 10:21 AM
I do not believe that one person (Pappu) should be held responsible for whatever going on You should not blame Pappu alone.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
more...
sreeraghu
09-19 09:36 AM
First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
Legal Immigrants Rally
http://video.google.com/videoplay?do...76080420003555
http://video.google.com/videoplay?do...20059427058009
http://picasaweb.google.com/raghumoh...lyWashingtonDC
Happy viewing, Foward to your friends n family
--
Regards,
Raghu
I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!
We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.
1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.
2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...
3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..
Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back
4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...
5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"
We cannot be perfect the first or second time....Lets learn from this rally....
A pat in the back to all those who attended the rally....
Good Luck
Legal Immigrants Rally
http://video.google.com/videoplay?do...76080420003555
http://video.google.com/videoplay?do...20059427058009
http://picasaweb.google.com/raghumoh...lyWashingtonDC
Happy viewing, Foward to your friends n family
--
Regards,
Raghu
eb3India
06-12 03:12 PM
why should anyone now listen to Bush, he just a lameduck at this point and don't bring his war funding victory, they just did'nt have any other choice but support brave soldiers and Bush know that
My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.
what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.
for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it
My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.
what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.
for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it
more...
makemygc
07-16 08:23 PM
From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.
Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.
Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
rajimmigration
06-11 09:58 PM
Done
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Openarms
03-09 04:36 PM
1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
more...
bigboy007
06-30 06:54 AM
Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?
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sledge_hammer
07-24 10:11 AM
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
more...
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mirage
02-06 09:40 AM
You got my point, sir!!!
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
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logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
more...
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NKR
03-07 11:32 AM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
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StarSun
02-04 09:58 AM
Members who want to donate air miles, please come forward, as it will allow for others who are considering to come a chance to plan for the event.
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Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
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WeldonSprings
02-13 05:12 PM
By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
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ags123
03-10 07:30 PM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
I have seen high activitiy in the last few months.
thesparky007
02-16 08:55 PM
so!!!!!!!
none of them is free???
none of them is free???
vandanaverdia
09-11 12:36 PM
GET UP!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
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