labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
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nixstor
10-26 10:17 PM
please send the link and doc.
Please look at the first post in the thread.
Please look at the first post in the thread.
sameer2730
03-12 11:23 AM
First of all I don't know who sachbole is ?
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
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karanp25
07-14 06:28 PM
Sorry for asking too many questions. One more thing is when did you get this RFE? I am in similar situation---used AC-21 and applied for EAD back in first week of May 2008, but nothing yet from NSC. I was with my GC sponsoring employer for more than 6 months though and I-140 was approved back in 2005.
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
more...
gimme Green!!
07-01 10:46 AM
It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.
Just go to the USPS website and locate an office that is open on Sun.
I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.
Just go to the USPS website and locate an office that is open on Sun.
I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.
CSPAvictim
07-09 06:30 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
more...
signifer123
02-15 06:20 AM
I'm sure i could but then again i have no life :P
2010 Eye Shadow/Shade Stick: I
Legal
07-04 08:40 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
new legislation is needed to change that.
new legislation is needed to change that.
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BharatPremi
07-10 12:32 AM
Do you know that July 1st was a Sunday? A non-working day.
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
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StuckInTheMuck
07-28 12:17 PM
Okay, from wine shop to religion to law to constitution, what next :)
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GCKaMaara
04-08 09:26 AM
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
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mbartosik
02-14 02:20 AM
I've not noticed any fighting here. Maybe I've been too busy on IV stuff. There are Indians that I count among my closest friends.
I've pushed for removal of country quotas like many else, even though it would risk pushing me further back in the line. I've pushed for recapture too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
I've pushed for removal of country quotas like many else, even though it would risk pushing me further back in the line. I've pushed for recapture too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
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onemorecame
10-05 12:50 PM
My Attorney is going to reply today, let�s hope for good.
Onemorecame
Onemorecame
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kumar1
05-15 05:34 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
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ssss
11-14 05:23 PM
There seem to be less EB3 cases filed post PERM. May be due to retrogression every one started filing EB2
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rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
more...
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delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
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thesparky007
02-14 07:24 PM
i dont even have a 3d application to try
i would if i had 1
sorry
hehe
i would if i had 1
sorry
hehe
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ss1026
08-17 09:58 AM
It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?
I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India
EB-3 India Feb 05
I guess this simply the demand supply equation. I might in realty be the other way with regards to the number of EB-3 approvals. I remember reading that EB-3 India got quite a few visas in June and July of this year. I dont remember the exact numbers but I am sure they exceeded the 7% per country limit. Anyone remember the exact number of approvals for EB-3 India
EB-3 India Feb 05
conchshell
08-13 04:15 PM
Each Year un-used FB (Family based) visas are given to EB (Employment based) in coming year. Last year CIS did not use 22704 FB visa which is added to 140K EB count for 2008.
that means Eb2 india has more than 40k visa available ... that explains it why EB2 India and China has moved from June to August 2006.
that means Eb2 india has more than 40k visa available ... that explains it why EB2 India and China has moved from June to August 2006.
jonty_11
02-22 11:39 AM
c'mon guys...instead of just hoping lets participat ein IV campaigns...it makes no sense that EB2 wud move a lot...just think abt it...there are just too many of...now that everyone jumped from EB3 to EB2...it would have been wise to continue with ur EB3 application.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
