Wednesday, June 15, 2011

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  • abhijitp
    07-25 01:27 AM
    Your lawyers are not adding the employment letter because they are working in the ineterst of your HR department and not in your interest. Your HR thinks that after 180 days you will leave the job. So in order to retain you, they are filing incomplete application to invoke an RFE or rejection and keep things iin their control. Hope you are smart enough to see the games people are playing with your greencard application.
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?





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  • chanduv23
    09-19 02:19 PM
    Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.

    If your 485 has been filed and it is past 180 days - then fulltime job in wall street is safe otherwise you are better of with your consulting company





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  • neelu
    01-02 11:35 PM
    Everyone who is doing such excellent job spreading the word about IV on websites:

    Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.

    That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).

    Please participate and help others participate in the 'Add ONE Member' campaign.

    Thank you.
    Neelu





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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.



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  • lost
    02-24 09:09 AM
    Anyone from KY attending the event?





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  • purplehazea
    06-13 11:30 AM
    Unless IV is extremely sure that we can get an amendment with 60-70 percent of our provisions in there, we should not support revival of CIR. CIR has brought more anxiety and forecasted pain than relief. It is better to have no relief than to be rendered powerless by the anti-immigrant bodies which seem to be much more powerful and influential on capitol hill when compared to pro-immigrationists. This is just a bad time, we have to build enough strength before another attempt for reform.



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  • leoindiano
    03-17 10:19 AM
    EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.

    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.





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  • suriajay12
    02-19 07:21 AM
    And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?

    Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!

    There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
    To prove >5 year legally in US is fully on you.. which is VERY good. Support it.



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  • BharatPremi
    03-17 12:14 PM
    If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.





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  • illinois_alum
    08-02 10:28 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    GC is not a right. The corporations are completely within their rights to decide whether they want to sponsor someone's GC (and of course the big question being can they sponsor by following the due process if qualified citizens or existing perm residents are available for the job)



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  • ronhira
    04-09 05:29 PM
    You don't like members blaming CIS, could have said in one line

    i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
    backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....

    y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....





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  • Beemar
    01-18 02:45 AM
    I have a slightly off track question. Can the creator of this thread, and other guys who also said they got laid off too, name their companies. I am just curious to know which companies are going through downsizing.



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  • villamonte6100
    09-26 12:50 PM
    its illegal to take color photocopies of driver licences, ONLY send b/w

    You dont make sense.

    There is no law that says it is illegal to take color photocopies of driver license.

    I've done that many times.





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  • jonty_11
    12-13 01:04 PM
    Pappu has doused the fire..:(



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  • eilsoe
    02-27 11:34 AM
    actually my benches are just a series of boxes rotated into place and grouped =)





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  • AirWaterandGC
    07-15 02:20 PM
    How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?






    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.

    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?



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  • gimmeacard
    07-12 09:00 PM
    So looking at the demand data used for determining Aug bulletin,

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    how far do you think it'll progress next month?

    AUG BULLETIN is already out, it moved to March06 for EB2,





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  • mayhemt
    02-10 10:28 AM
    Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?

    Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?





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  • McGuffin
    03-06 04:25 PM
    I don't think I'll be able to make this one, I'll give it a shot though.





    bajjuri77
    03-09 10:53 AM
    Hi,

    I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.

    Thank you and good luck to you all.





    setpit_gc
    04-16 01:19 PM
    All,

    Do I need to send the following documents for AP renewal?.

    1. H1B or H4
    2. EAD

    Thanks